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Pennsylvania Appellate Court Affirms Summary Judgment Against Pro Se Medical Malpractice Plaintiffs

July 4, 2017

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) issued a non-precedential decision on May 26, 2017 that affirmed summary judgment granted to the medical malpractice defendants because the plaintiffs failed to provide an expert report in support of their allegations of[...]

New York Appellate Court Says Swallowed Camera Capsule Not A Foreign Object That Tolls Statute Of Limitations

June 30, 2017

In its decision filed on June 7, 2017, the Supreme Court of the State of New York Appellate Division: Second Judicial Department (“New York Appellate Court”) held that a camera capsule swallowed by the plaintiff in order to diagnostically visualize the condition of the plaintiff’s inte[...]

$2M Pennsylvania Medical Malpractice Jury Verdict For Botched Gallbladder Removal Surgery

June 19, 2017

A Pennsylvania medical malpractice jury recently awarded $2 million to a woman for the painful and permanent injuries she suffered as a result of her surgeon’s breach of the standard of care in performing her gallbladder removal surgery. The Pennsylvania medical malpractice jury deliberated[...]

Why Can’t I Find A Medical Malpractice Lawyer To Take My Case?

April 7, 2017

An increasing number of medical malpractice victims throughout the United States are finding it increasingly more difficult to find medical malpractice lawyers in their state who are willing to represent them in a medical malpractice claim. Why is this so, and what can these medical malpractice vict[...]

Alabama Supreme Court Says Medical Malpractice Plaintiff Did Not Need Expert To Prove Cold Pack Injury

February 26, 2017

In its opinion filed on February 17, 2017, the Supreme Court of Alabama (“Alabama Supreme Court”) held that a medical malpractice plaintiff who alleged that she suffered injury as a result of a cold pack applied to her leg at the defendant chiropractor’s office did not need to pro[...]

Washington Appellate Court Affirms Summary Judgment For Medical Malpractice Defendants

February 22, 2017

On February 14, 2017, the Court of Appeals of the State of Washington Division Three (“Appellate Court”) affirmed the trial court granting summary judgment to the medical malpractice defendants, finding that the affidavit of the plaintiff’s medical expert that was submitted in oppo[...]

New Study Finds Rude Or Disrespectful Surgeons Associated With More Surgical And Medical Complications

February 19, 2017

A study published in the medical journal JAMA Surgery on February 15, 2017 found that patients whose surgeons were associated with higher numbers of unsolicited patient observations in the 24 months prior to their operation experienced more surgical and medical complications than did patients receiv[...]

Tennessee Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants

January 5, 2017

In its opinion filed on November 29, 2016, the Court of Appeals of Tennessee at Jackson (“Appellate Court”) determined that the trial court erred in excluding and failing to consider respectively the deposition testimony and affidavit of the plaintiff’s medical expert (her subsequ[...]

FDA Issues Safety Warning Regarding Anesthesia Use In Pregnant Women, Young Children

December 29, 2016

On December 14, 2016, the FDA issued a drug safety communication regarding the use of general anesthesia and sedatives for pregnant women and for young children, informing health care providers, parents, and caregivers of children younger than three years, and pregnant women in their third trimester[...]

Baltimore Sun Commentary: “Ban Medical Malpractice Lawsuits”

December 28, 2016

On December 27, 2016, the Baltimore Sun published a commentary entitled “Ban medical malpractice lawsuits” that was written by someone whose qualifications to propose such included his PhD in chemical engineering and his retirement from Dupont in 1985. The commentator wrote, “Aboli[...]

U.S. Medical Malpractice Statistics: 2005 To 2015

December 25, 2016

The National Practitioner Data Bank (“NPDB”) has published medical malpractice statistics for the United States for the period from 2005 to 2015. During the ten-year period, when the population of the United States was 321,986,783, there were 148,909 medical malpractice payments and 409[...]

Methodology Of Recent Medical Malpractice Study Questioned

February 2, 2016

We discussed in our January 28, 2016 blog posting that a study published in The New England Journal of Medicine on January 28, 2016 reported that 1% of physicians were responsible for 32% of the paid medical malpractice claims in the United States over the ten-year period that was analyzed by the [...]

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