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Medical Malpractice Attorneys Near Me

September 13, 2024

A Google search for the term “medical malpractice attorneys near me” will result in “Sponsored” results at the top of the search results. What are Sponsored results? Google’s AI response to that question is telling: “Google sponsored results are paid advertis[...]

Florida $2M Medical Malpractice Arbitration Award Set Aside

September 13, 2024

Background Facts On July 30, 2020, Mauricio Polifroni presented to North Shore Medical Center after suffering a stroke. His condition deteriorated and he died thirteen days after admission. North Shore Medical Center (“North Shore”) and Clara Navarro, Polifroni’s wife, agreed to participate in[...]

Ohio Appellate Court Affirms Summary Judgment For Medical Malpractice Defendant Based On Sham Affidavit Doctrine

September 12, 2024

Sham Affidavit Doctrine The “sham affidavit” doctrine precludes a party from creating an issue of fact to prevent summary judgment by submitting an affidavit that directly contradicts previous sworn testimony of the affiant. Background Facts On January 11, 2022, Moore filed a pro se complaint in[...]

Ohio Appellate Court Revives Nursing Home UTI Death Lawsuit

September 11, 2024

Hallie Withem (“Withem”) was admitted to Newark Care in 2012 when she was 85 years old. Throughout her stay, Withem had multiple illnesses including diabetes, urinary retention, multiple urinary tract infections (“UTI”), kidneydisease, incontinence, and schizophrenia. Cognitively, she was al[...]

Are Medical Malpractice Settlements Taxable?

September 10, 2024

According to the IRS, the general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. This section states all income is taxable from whatever source derived, unless exempted by another section of the code. IRC [...]

Michigan Supreme Court Holds Medical Malpractice Expert’s Opinion Not Necessarily Required To Be Supported By Peer-Reviewed Literature To Be Found Reliable

September 10, 2024

Background Lynda Danhoff and her husband filed a Michigan medical malpractice action against Daniel K. Fahim, M.D. and others regarding a surgical procedure performed on Lynda known as extreme lateral intrabody fusion (XLIF). Lynda began to experience complications following the procedure, including[...]

$15.4M Connecticut Medical Malpractice Verdict For Botched Anesthesia Leading To Death

September 9, 2024

A 57-year-old woman who went in for a routine, 15-minute endoscopy procedure ended up suffering cardiorespiratory collapse at the end of the procedure. The Connecticut medical malpractice wrongful death lawsuit alleged that the anesthesia team failed to timely recognize the emergency situation and o[...]

New York Appellate Court Reinstates Tick Bite Medical Malpractice Case

September 8, 2024

Plaintiffs, as the administrators of decedent’s estate, commenced their New York medical malpractice action against defendant Ellis Hospital, an urgent care, and a physician assistant, the physician assistant’s supervising physician, and another physician, alleging that they failed to ti[...]

Who Can I Sue For Medical Malpractice?

September 7, 2024

You suspect (or know) that you or a family member have suffered injury (harm) as a result of a medical error (either something was done that should not have been done, or something should have been done that wasn’t done). Who’s responsible? Who do you sue? Sometimes the answer seems obvi[...]

Georgia Appellate Court Allows Jury To Hear Evidence That One Medical Malpractice Defendant Had Settled Claims Against Him

September 7, 2024

After suffering complications from bariatric surgery, Philip Altine filed a Georgia medical malpractice lawsuit against the doctor who performed the surgery and Eastside Medical Center, LLC (“Eastside”), who employed the nurses who treated Altine post surgery. The defendant doctor settled the cl[...]

Florida Appellate Court Reverses Medical Malpractice Verdict For Plaintiff And Orders New Trial

September 6, 2024

Background The defendant doctor began treating the patient in 2012. In 2013, the defendant doctor diagnosed the patient with mitral-valve stenosis, recommended a mitral valve replacement, and suggested a cardiac surgeon. The patient chose a different cardiac surgeon and underwent cardiac surgery in [...]

Florida Appellate Court Enforces Arbitrator’s Award Against Physician and Hospital For Medical Malpractice

September 5, 2024

Background After a family member’s death during hospitalization, the personal representative filed a medical negligence action against five physicians, including Patrick Regan, D.O. and two hospitals, including Lawnwood Medical Center, Inc., and related entities. The circuit court referred all iss[...]

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