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South Carolina Lawsuit Alleges Ambulance Service Failed To Provide Oxygen And Failed To Secure Patient, Leading To Death

January 29, 2024

At about 3 a.m. on April 16, 2022, two employees with Medway Ambulance Service in South Carolina reportedly responded to the home of 72-year-old Kenneth LaPorte Sr., whose oxygen saturation level was measured at that time at about 74%, which is dangerously low. According to a lawsuit recently filed [...]

Georgia Appellate Court Denies Relief To Medical Malpractice Defendants From Requirement To Post Supersedeas Bond After Verdict Against Them

January 28, 2024

Following a Georgia medical malpractice jury trial, the trial court entered judgment on February 9, 2023 against Athens Heart in the amount of $4,363,000 plus court costs and post-judgment interest. Ten days later, Athens Heart filed a motion for new trial, and the plaintiff (Molina) filed an “Eme[...]

Federal Appellate Court Affirms Dismissal Of Lawsuit Against IDSA Regarding Its Guidelines For Treating Lyme Disease

January 27, 2024

A professional society specializing in the study and treatment of infectious diseases published guidelines in a peer-reviewed medical journal for treating Lyme disease. Individuals who claim to suffer from persistent Lyme disease symptoms sued the society, alleging the guidelines harmed them by cast[...]

Tennessee Appellate Court Provides Medical Malpractice Plaintiffs With Partial Win On Noncompliance With Medical Authorization Requirement

January 26, 2024

On November 7, 2019, Plaintiff Laura S. Christie was admitted to Defendant Baptist Memorial Hospital d/b/a Baptist Memorial Hospital for Women (“Baptist”) for the birth of her daughter, Elizabeth Ann Christie (“Elizabeth”). Because Elizabeth was in the breech position, Baptist engaged Defend[...]

California Appellate Court Refuses To Order Arbitration Of Negligence Claims Against Assisted Living Facility

January 25, 2024

Cecil Kepner brought a negligence and wrongful death lawsuit in his individual capacity and as successor in interest to his mother Darlene Kepner (“Darlene”) against the owners and operators of the Oakmont Senior Living Facility, where Darlene had been a resident. Darlene had fallen at t[...]

$2.5 Million Virginia Medical Malpractice Verdict For Inadequate Anesthesia During C-Section

January 24, 2024

On June 21, 2023, a Virginia medical malpractice jury returned its verdict in the amount of $2.5 million in favor of a woman who alleged that she was not provided adequate anesthesia during her Cesarean section delivery. The Virginia medical malpractice lawsuit alleged that she was in the hospital a[...]

New York Appellate Court Affirms Medical Malpractice Defendants Not Liable For Patient’s Stroke Due To Endocarditis

January 23, 2024

Background Facts In May 2011, Barbara Petillo sought treatment from the defendant Paul Maller, her primary care doctor, for an unexplained fever. After treatment with oral antibiotics failed, Maller ordered a CT scan, among other tests. Based on Petillo’s history of lymphoma and the imaging re[...]

Chronic Lyme Disease In The United States

January 22, 2024

Lyme disease has been a nationally notifiable condition in the United States since 1991. Reports of Lyme disease are collected and verified by state and local health departments in accordance with their legal mandate and surveillance practices. After removal of personal identifiers, selected informa[...]

Federal Appellate Court Affirms No Liability For Physician Removing Patient From Life Support

January 21, 2024

Berman De Paz-Martinez, Jr., a twenty-one-year-old, was severely injured after he jumped out of a moving vehicle. He was hospitalized, and later died after Dr. Theresa Duane disconnected him from a ventilator, allegedly without his parents’ consent. Berman De Paz Gonzalez, Sr. and Emerita Martinez[...]

Michigan Appellate Court Discusses Same-Specialty Expert Requirement In Medical Malpractice Cases

January 20, 2024

Background Facts Douglas Widmar sustained traumatic injuries when he accidentally crashed his ultralight plane on October 8, 2015. Emergency responders intubated him with an endotracheal ventilator before transporting him to the surgical intensive care unit at William Beaumont Hospital. His injuries[...]

Indiana Appellate Court Rules Negligent Credentialing Claim Requires Underlying Medical Malpractice Claim

January 19, 2024

Jonathan Cavins was a pediatrician who was convicted of two counts of felony child molesting, one count of felony sexual misconduct with a minor, and two counts of felony child seduction for his commission of sexual acts on several male teenage patients, including John Doe II, while he was employed [...]

Indiana Appellate Court Rules Nurse Can Proceed With Medical Malpractice Claim Against Her Physician Who Was Also A Coworker

January 18, 2024

Laurie Gardner, a nurse at St. Mary Medical Center, Inc. (the Hospital), filed a proposed complaint against Anonymous Physician for medical malpractice. Anonymous Physician sought dismissal, arguing that because he and Gardner were in the same employ and she sustained a workplace injury, her exclusi[...]

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