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Daily Blogs

Michigan Appellate Court Holds Loss Of Services Claim Viable Under Wrongful Death Act

October 28, 2026

On May 9, 2016, Kathleen Machelski visited Dr. Subbarao Chavali to help manage her atrial fibrillation, and Dr. Chavali prescribed her Coumadin therapy. Machelski had a high level of Coumadin in her system after several months of treatment, and plaintiff alleged that the high level of Coumadin resul[...]

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Michigan Appellate Court Reverses Summary Judgment For Abortion Medical Malpractice Defendants

October 27, 2026

On June 30, 2016, the decedent, at 12 weeks’ gestation, presented to Planned Parenthood for an elective abortion, which Dr. Laura Castleman performed. During that same visit, the decedent also underwent an IUD placement. Although the decedent experienced pain with the procedure, Planned Parenthood[...]

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South Carolina Assisted Living And Memory Care Facility Sued For Alleged Assault

October 26, 2026

John Carlton Sease passed away peacefully on September 4, 2024, just days before his 81st birthday. A loving husband, father, grandfather, and veteran, John was known for his warmth, quiet wit, and steady kindness. Born in Oakland, California on September 13, 1943, John was a graduate of Hargrave Mi[...]

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Michigan Attorney General Sues Nursing Home Operator For Medicaid False Claim Act Violations, Failure Of Care For Residents

October 25, 2026

Michigan’s Attorney General announced on July 30, 2026 that a lawsuit has been filed against Fahim Uddin, Pioneer Health Care Management doing business as Legacy Healthcare Management, and nine nursing home facilities located throughout southeast Michigan for violations of the Michigan Medicai[...]

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$225,000 Virginia Dental Malpractice Settlement For Untreated Lesion

October 24, 2026

A Virginia dental malpractice case was settled for $225,000 ($28,582.65 for past medical expenses and greater than $30,000 for anticipated future medical expenses) on June 11, 2026, for a woman who had panoramic and CBCT X-rays in April 2021 and in March 2022 that showed a growing radiolucent shadow[...]

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Maryland Appellate Court Rules Medical Malpractice Expert’s Report Failed To Comply With Statutory Requirements

October 23, 2026

Maryland’s Health Care Malpractice Claims Act requires that before a claimant may waive arbitration and maintain a medical malpractice action in circuit court, a qualified expert must identify the defendant’s departure from the applicable standard of care and attest that the departure proximatel[...]

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Georgia Appellate Court Finds Medical Malpractice Expert Affidavit Sufficient, Revives Dismissed Case

October 23, 2026

In Georgia medical malpractice cases, OCGA § 9-11-9.1(a) requires that the plaintiff file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim[...]

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$12M Massachusetts Medical Malpractice Verdict For Permanent Paralysis Following Spine Surgery

October 22, 2026

On October 7, 2026, a Massachusetts medical malpractice jury returned its verdict in the amount of $12 million in favor of a 75-year-old woman who suffered permanent paralysis following spine surgery. While the initial surgery appeared to be successful, the jury determined, after a seven-day trial i[...]

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Minnesota Appellate Court Holds No Claim For Emotional Injury For Destruction Of Sperm Intended For Fertility Treatments

October 21, 2026

A laboratory under contract to preserve sperm for use in a married couple’s medically assisted effort to conceive a child destroyed the sperm before the designated contract termination. The couple sued the laboratory seeking emotional damages for alleged medical malpractice. The district court dis[...]

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Michigan Appellate Court Holds COVID-19 Immunity Does Not Apply Where No Nexus Between Pandemic And Alleged Negligence

October 20, 2026

The State of Michigan Court of Appeals held in its published Opinion dated July 27, 2026 “there must be a connection between pandemic-related services and the services that resulted in the alleged negligence … Apart from the temporal relationship between plaintiff’s claims and the time[...]

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Michigan Appellate Court Rules Exclusion Of Plaintiff’s Medical Malpractice Expert Was Error

October 19, 2026

Defendant, Dr. Benjamin Harper, M.D., performed a knee replacement on plaintiff. During the surgery, plaintiff’s popliteal artery was damaged and had to be repaired by a vascular surgeon. After being discharged from the hospital, plaintiff began treating with a neurologist for numbness and nerve p[...]

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Michigan Appellate Court Revives Ostensible Agency Claim Against Hospital In Medical Malpractice Case

October 18, 2026

Ostensible Agency In general, a hospital is not vicariously liable for the negligence of a physician who is an independent contractor and merely uses the hospital’s facilities to render treatment to his patients. A hospital can, however, be liable for the acts of an independent contractor if he or[...]

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