Blog - Page 94 of 491 - Medical Malpractice Lawyers

Michigan Appellate Court Holds Medical Malpractice Attorney’s Reasonable Belief That Expert Was Qualified, Excuses Defective AOM

December 24, 2023

On February 18, 2017, Crossnoe arrived at Henry Ford Health System’s Chesterfield urgent care clinic, complaining of sudden difficulty breathing. Dr. Reinheimer evaluated and treated Crossnoe. Dr. Reinheimer found that he suffered from a cough, shortness of breath, wheezing, and a runny nose. Dr. [...]

Nevada Supreme Court Rules Informed Consent And Assumption Of Risk Defense Not Relevant In Medical Malpractice Cases

December 23, 2023

In its Opinion filed on December 21, 2023, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated: “In these appeals, we consider whether defendants to a medical malpractice action may defend by arguing, or otherwise present evidence concerning, the plaintiff s in[...]

Federal Appellate Court Rules Nursing Home Did Not Violate Benefits Conversion Statute

December 22, 2023

A former employee of a nursing home brought a qui tam action against Catholic Health System of Long Island (“CHS”) alleging that CHS and certain of its affiliates falsely certified their compliance with federal law in violation of the federal False Claims Act and in violation of N[...]

Despite Man’s 53-Hour Erection, ER Doctor Cleared Of Malpractice

December 21, 2023

A man who claimed that he suffered loss of sexual function after suffering an erection that lasted 53 hours filed a Virginia medical malpractice case against an emergency room physician whom he claimed breached the standard of care in failing to properly and timely diagnose and treat his severe test[...]

OIG Advisory Opinion OKs Bonus Payments To Employed Physicians

December 20, 2023

Federal Anti-Kickback Statute The Federal anti-kickback statute makes it a criminal offense to knowingly and willfully offer, pay, solicit, or receive any remuneration to induce, or in return for, the referral of an individual to a person for the furnishing of, or arranging for the furnishing of, an[...]

California Settles Behavioral Health Care Deficiency Claims Against Kaiser For $200 Million

December 19, 2023

On October 12, 2023, the California Department of Managed Health Care (DMHC) announced a settlement agreement with Kaiser Foundation Health Plan, Inc. (Kaiser Permanente) to make significant changes to the plan’s delivery of behavioral health care services. The settlement agreement includes a $50 [...]

Arizona Supreme Court Discusses Requirements For Experts Regarding Prison Medical Malpractice Claims

December 18, 2023

Background Facts In December 2015, David Windhurst (“David”) was incarcerated at the Arizona State Prison in Florence. David was paraplegic and had various chronic medical issues, including diabetes mellitus, hypertension, obesity, kidney disease, and injuries to his back and buttocks. Because o[...]

$8.5M Georgia Mental Health Malpractice Verdict For Suicide

December 17, 2023

In October 2023, a Georgia mental health malpractice jury returned its verdict in the amount of $8.5 million for the suicide death of a patient being treated with anti-anxiety and antidepressant medications but was not properly monitored by his primary care physician while taking the prescribed medi[...]

Minnesota Supreme Court Allows Protected Health Information To Be Used For Hospital Fundraising

December 16, 2023

Kelly and Evarist Schneider II (the Schneiders) were informed by Children’s Health Care (Children’s) that protected health information of their child, M.S., was disclosed by Children’s to its institutionally related foundation and its business associate for fundraising purposes. The Schneiders[...]

$1M Massachusetts Medical Malpractice Settlement For Undetected Rectal Cancer

December 15, 2023

A Massachusetts medical malpractice claim that medical negligence caused the plaintiff’s rectal cancer to go undetected until it spread to his lungs was settled in November 2022 for $1 million. The plaintiff had been treated for prostate cancer in 2002. As a result, he underwent prostate-speci[...]

Maine Medical Malpractice Lawsuit Alleges Surgeon Left Gap In Patient’s Femur During Revision Surgery

December 14, 2023

A Maine medical malpractice Complaint dated September 12, 2023 alleges: In November 13, 2018, Mary presented to the orthopedic practice at Northern Light Maine Coast Hospital. She was 64 years old. Five years prior, Mary had undergone a knee replacement at Northern Light Maine Coast Hospital in 2013[...]

Missouri Man Loses Case Against Fertility Clinic That Used Someone Else’s Sperm

December 13, 2023

In 2009, C.H. (Husband) and P.H. (Wife), who were married at the time, sought treatment from Respondents for IVF and an embryo transplant into a surrogate, whereby Husband and Wife would be the biological parents of the child. Husband and Wife entered into a surrogacy agreement with S.S. (Surrogate)[...]

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