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CDC: One In 5 Women Reported Mistreatment While Receiving Maternity Care

November 6, 2023

The CDC held a press briefing on August 22, 2023 during which the participants discussed the weekly Vital Signs report for August 22, 2023, and stated, in part: CDC analyzed data from the Porter Novelli View Moms Survey administered from April 24-30, 2023, to examine the following components of disr[...]

Illinois Wrongful Death Lawsuit Alleges Physician, Walgreens Responsible For Patient’s Death Due To Toxic Amount Of Prednisone

November 5, 2023

A wrongful death lawsuit has been filed against a physician who prescribed a patient a toxic amount of Prednisone and against Walgreens, which filled and then refilled the erroneous Prednisone prescription, for the patient’s death allegedly due to the overdose of Prednisone. The patient report[...]

New York Appellate Court Won’t Allow Hospital To Hide Email Relevant To Medical Malpractice Claim

November 4, 2023

In its Memorandum and Order entered on July 26, 2023, the Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held that an email from a doctor to the chief operating officer of a hospital and to six other recipients must be d[...]

Federal Appellate Court Rules Judge’s “Ill-Advised” Comments To Jury Do Not Justify New Trial

November 3, 2023

Marco Gonzalez was prescribed an antibiotic and suffered serious adverse effects. He sued the healthcare providers and hospitals that were involved in his treatment for medical negligence, and a jury found in favor of the defendants.Gonzalez filed a motion for a new trial, challenging the district c[...]

Delaware Court Rules PREP Act Did Not Preclude COVID-19 Death Claim Against Nursing Home

November 2, 2023

Under the PREP Act: “[A] covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declarati[...]

$2.3M Florida Nursing Home Verdict For Death Due To Bedsore

November 1, 2023

On August 11, 2023, a Florida nursing home negligence jury returned its verdict after a four-day trial and four hours of deliberations in the amount of $2.3 million against a Florida nursing home for the death of a resident that the plaintiff alleged was due to the nursing home’s failure to pr[...]

Nursing Home Staffing Crisis In The United States

October 31, 2023

The American Health Care Association surveyed 524 nursing home providers in the United States between December 7 and December 16, 2022, and stated in its January 2023 report: The vast majority of nursing homes are experiencing staffing shortages and difficulties in hiring additional staff. Providers[...]

Federal Appellate Court Affirms Arkansas Medical Malpractice Verdict Against Jail Doctor

October 30, 2023

Background Facts Linda Warner’s appendix ruptured during her incarceration, and she subsequently died from sepsis. Christine Turner, as special administrator of Warner’s estate, filed suit against the county in which Warner was incarcerated, as well asagainst the individuals involved in her inca[...]

Texas Supreme Court Rules Drug-Testing Company Owed No Duty To Tested Employee

October 29, 2023

An issue recently decided by the Supreme Court of Texas was whether a third-party entity hired by an employer to collect and test an employee’s biological samples for drugs owes the employee a common-law duty to perform its services with reasonable care. The Supreme Court of Texas held in its opin[...]

Indiana Appellate Court Tosses Failure To Honor DNR Case

October 28, 2023

In its August 21, 2023 Memorandum Decision, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “Because Stephen—an adult child—had coequal decision-making authority and because Stephen consented to placement of a feeding tube, we conclude Provider could not be li[...]

DoD’s Proposed Changes To Service Member Medical Malpractice Claims Regulations

October 27, 2023

On October 20, 2023, the U.S. Department of Defense published in the Federal Register proposed updates to its regulations on how Service members can file claims for medical malpractice that may have occurred in military medical treatment facilities. Effective immediately, the Department increased th[...]

$16M Jail Health Care Malpractice Verdict

October 26, 2023

In August 2023, a Florida jury awarded the surviving spouse and children of a jail inmate a total of $16 million, which included $6 million in compensatory damages and $10 million in punitive damages, for the death of a jail inmate caused by the delay in providing medical treatment that led to the i[...]

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