Blog - Page 79 of 491 - Medical Malpractice Lawyers

Pennsylvania Appellate Court Revives Medical Malpractice Case Alleging PCP’s Negligence In Providing Surgical Clearance

June 22, 2024

Thomas Nigon was treated by his primary care physician, Dr. Thomas J. Malvar, for a blood clotting issue on September 13, 2017, at which time Dr. Malvar prescribed Eliquis, a blood thinner and anticoagulant. On January 25, 2018, Mr. Nigon underwent an ultrasound of his right leg which showed the pri[...]

Washington State Supreme Court Holds Hospitals Liable For Independent Contractor ER Doctors Negligence

June 21, 2024

The Supreme Court of the State of Washington stated in its Opinion filed on April 11, 2024: “A patient who goes to the emergency room, if conscious, is mostly concerned with getting care, not with untangling the contractual relationship between the hospital and the doctors who work there. And [...]

Illinois Appellate Court Rules Wrongful Death Beneficiaries’ Claim Not Subject To Nursing Home Arbitration Agreement For COVID-19- Related Death

June 20, 2024

Background In July 2022, plaintiff Luann Mikoff, as special administrator of the estate of her late mother Bonnie Stone (decedent), filed a complaint against defendants, Unlimited Development, Inc., and Jerseyville Manor, a skilled nursing facility (Facility), alleging that defendants were responsib[...]

Wisconsin Appellate Court Discusses Informed Consent For Surgery

June 19, 2024

Hubbard filed a Wisconsin medical negligence action against Dr. Neuman, alleging that Dr. Neuman breached her duty of care by failing to inform Hubbard of her presurgery recommendation to Dr. McGauley that he remove Hubbard’s ovaries during the February 2018 surgery. The complaint alleges that Dr.[...]

Indiana Appellate Court Holds Trial Judge Did Not Have To Disclose His Son’s Employment By Defense Firm In Hospital Fall Case

June 18, 2024

Martha Espinoza tripped and fell on two overlapped floor mats while accompanying her grandson to his appointment at St. Mary Medical Center. Espinoza filed a negligence claim against the Medical Center, arguing that it was liable for her injuries. At trial, the Medical Center obtained judgment on th[...]

$1.6M Virginia Medical Malpractice Verdict Upended For Refusal To Provide Jury With Defendants’ Requested Jury Instruction

June 17, 2024

Patricia Hanger alleged that Dr. Allison L. Raines and Emergency Physicians of Tidewater, PLC negligently failed to treatHanger’s low blood sodium. Hanger maintained that it was this negligence which caused her to suffer a seizure, resulting in a traumatic brain injury from a fall. The defendants [...]

Virginia Appellate Court Reinstates Medical Malpractice Case Where Plaintiff Filed For Bankruptcy After Filing Lawsuit

June 16, 2024

The Court of Appeals of Virginia (“Virginia Appellate Court”) held in its published opinion filed on January 30, 2024: “Shaw-McDonald had standing when she sued defendants. Although her malpractice claim was temporarily transferred to the bankruptcy estate when she filed her Chapte[...]

OIG Report On Nursing Homes Failing To Comply With Federal Regulations Regarding Facility-Initiated Discharges Of Residents

June 15, 2024

The U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued a report on March 29, 2024 entitled “Concerns Remain About Safeguards To Protect Residents During Facility-Initiated Discharges From Nursing Homes” that found that in 107 of the 126 facility-ini[...]

California Supreme Court Rules Health Care Agent Cannot Bind Resident To Nursing Home Arbitration Agreement

June 14, 2024

Under California’s Health Care Decisions Law (Prob. Code, § 4600 et seq.), a principal may appoint a health care agent to make health care decisions should the principal later lack capacity to make them. In an appellate case decided by the Supreme Court of California (“California Supreme Co[...]

Federal Appellate Court Affirms Dismissal Of Removed State Medical Malpractice Case For Failure To Comply With Federal Law

June 13, 2024

Dwan and Aaron Bray filed a medical malpractice lawsuit in state court individually and on behalf of their minor child, N.B., against Dr. Timothy J. Thress and various medical entities and actors. Plaintiffs sought damages stemming from defendants’ negligence as to Dwan Bray’s pre-natal care and[...]

$4.5M Maryland Medical Malpractice Verdict For Lost Kidney After Surgery

June 12, 2024

On March 21, 2024, a Baltimore medical malpractice jury returned its verdict in the amount of $4.5 million in favor of a woman who was 30-years-old when she underwent surgery on September 5, 2019 to remove her uterus to address her severe pain due to endometriosis. During the surgery, the surgeons m[...]

Illinois Appellate Court Revives Medical Malpractice Claim Involving Gauze Left In After Nasal Surgery

June 11, 2024

In May 2022, Deanna and Mike Larson (the Larsons) filed an Illinois medical malpractice complaint against defendants Dana Crosby, M.D., SIU Physicians & Surgeons, Inc. (SIU), and “J. Doe” (an unidentified doctor or nurse employed by SIU), alleging that Crosby, an employee of SIU, negligently[...]

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