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Texas Supreme Court Discusses Willful And Wanton Negligence In Medical Malpractice Cases

March 29, 2024

In a Texas medical malpractice case arising from an emergency room physician’s treatment of a snakebite, the issue was whether the plaintiff had produced evidence of “willful and wanton negligence” by the physician. Because antivenom poses risks to a patient, the hospital at which Dr. Kristy M[...]

New York Appellate Court Denies Summary Judgment To Medical Malpractice Defendants Who May Have Improperly Transferred Patient To Hospice Care

March 28, 2024

The New York medical malpractice plaintiff alleged that the defendant emergency room physician was negilgent in referring him to hospice care where he remained for over 18 months when he did not require such care. The trial court denied defendants St. Barnabas Hospital, Quarry Road Emergency Service[...]

Georgia Appellate Court Affirms $10.1M Medical Malpractice Verdict For Botched Gallbladder Surgery

March 27, 2024

On October 11, 2018, Dr. Tamica White performed a surgery at WellStar Hospital to remove Amy McGouirk’s gallbladder. During the surgery, Dr. White transected or cut Amy’s common bile duct. Following the transection, Amy was transferred to Emory University Hospital where she remained for five day[...]

South Carolina Medical Malpractice Lawsuit Alleges Medical Device Used During Heart Surgery Led To Infection, Death

March 26, 2024

A South Carolina medical malpractice lawsuit filed on January 8, 2024 alleges, in part: On March 15, 2019, Markeith Gerald had a LVAD [left ventricular assist device] placed at MUSC) [Medical University of South Carolina]. A Sorin 3T device was used during this procedure. Per the MUSC records, medic[...]

Washington Medical Malpractice Complaint Alleges Surgeons Removed Wrong Organ

March 25, 2024

On November 2, 2023, a Washington medical malpractice lawsuit was filed against a hospital and two surgeons who allegedly mistakenly removed a portion of a patient’s bowel instead of his diseased appendix during surgery on December 6, 2022. The medical malpractice lawsuit was filed against the[...]

Texas Appellate Court Holds Trial Court Erroneously Excluded Medical Malpractice Plaintiff’s Expert’s Opinion

March 24, 2024

In a Texas medical malpractice wrongful death case where the plaintiff alleged that a resident of a rehabilitation facility died as a result of the staff failing to properly monitor her blood glucose levels following a significant change in the administration of her insulin, the trial court granted [...]

Michigan Appellate Court Holds Hospital Not Liable For ER Malpractice Under Ostensible Agency Theory

March 23, 2024

Hospital Liability For Medical Malpractice A hospital may be 1) directly liable for malpractice, through claims of negligence in supervision of staff physicians as well as selection and retention of medical staff, or 2) vicariously liable for the negligence of its agents. Generally speaking, a hospi[...]

Moffitt Agrees To Pay $19.5 Million To Resolve Liability Relating To Self-Disclosure Of Improper Billing For Clinical Trial Costs

March 22, 2024

The United States Department of Justice announced on January 4, 2024 that H. Lee Moffitt Cancer Center & Research Institute Hospital Inc. (Moffitt), a non-profit cancer treatment and research center based in Tampa, Florida, has agreed to pay $19,564,743 to resolve its civil liability under the F[...]

Illinois Appellate Court Allows Claim Against Hospital For Contracted Physician’s Negligence

March 21, 2024

The Appellate Court of Illinois First District Sixth Division (“Illinois Appellate Court”) stated in its January 5, 2024 Opinion: “In the competition for healthcare market share, hospitals today promote themselves to the public as centers for comprehensive medical care with teams o[...]

Federal Appellate Court Remands Pretrial Detainee’s Deliberate Indifference Claim

March 20, 2024

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its October 26, 2023 Opinion: “Bradley Grote died of acute methamphetamine intoxication three days after his arrest and detention at the Kenton County Detention Center in Covington, Kentu[...]

CooperSurgical Sued For Allegedly Defective Embryo Culture Media That Destroyed Couple’s Embryos

March 19, 2024

A Complaint filed on January 4, 2024 in the Superior Court of California for the County of Los Angeles against CooperSurgical, Inc. The Cooper Companies, Inc., and others alleges, in part: Defendants’ defective product and negligent conduct destroyed Plaintiffs’ precious and irreplaceable embryo[...]

FDA Warns That Using Fat-Dissolving Injections That Are Not FDA Approved Can Be Harmful

March 18, 2024

Injection lipolysis (“lipo” = fat, “lysis” = breakdown) is a nonsurgical procedure that involves administering a series of injections under the skin to break down fat cells in the areas around the injection sites. FDA has received reports of consumers who have used fat-dissolving injections [...]

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