Professional Malpractice › Civil Procedure › Health Law

Novel “Bad Faith Admission” EMTALA Theory Survives Motion to Dismiss

The U.S. District Court for the Northern District of California recently denied Contra Costa Regional Medical Center’s (CCRMC) motion to dismiss regarding an alleged violation of the Emergency Medical Treatment and Labor Act...more

HC58 - Setting down for trial in medical negligence actions

HC58 - Setting down for trial in medical negligence actions Direction pursuant to Order 36 Rule 2 (c) of the Rules of the Superior Courts With effect from this 20th day of November 2012 proceedings in respect of any claim...more

Cintron v. Montefiore Medical Center

State of New York Court of Appeals Denial of Appellant's Leave to Appeal

In this medical malpractice action, defendant-respondent hospital, skillfully represented by Aryeh Klonsky and Esther Widowski of Widowski Law Group LLP, moved for summary judgment to dismiss the patient plaintiff's case. ...more

Torts

UPDATED THROUGH SEPTEMBER 4, 2012 Medical Malpractice – Harmless Error. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Federal Court Rules that Hospital Settlement Does Not Relieve Medicare of its Payment Obligations

On May 21, 2012, the U.S. District Court for the Eastern District of Louisiana ruled that a malpractice settlement paid to the family of a deceased Medicare beneficiary did not constitute a “primary plan” for purposes of the...more

What patients can and should expect when pursuing a medical malpractice case.

This article discusses the anatomy of a medical malpractice case in New Jersey from investigation through jury verdict. The New Jersey Court Rules are modeled on the Federal Rules of Civil Procedure. Both of these...more

Case Study in Nevada: The Allegedly Unsafe Medical Provider and ERISA Preemption

In Cervantes v. Health Plan of Nevada, 263 P.3d 261 (Nov. 2011), the plaintiff commenced an action against a managed care organization (MCO) alleging it violated Nevada's quality assurance laws and regulations when MCO...more

H.R. 5 - the Protecting Access to Healthcare (PATH) Act - the Health Care Industry's Latest Attempt to Avoid the Financial...

On Thursday, March 22, 2012, the House of Representatives passed H.R. 5, the Protecting Access to Healthcare (PATH) Act, a bill originally introduced by Representative Phil Gingrey (R-GA), which if passed into law will cap...more

Illinois Court on Proving Liability for Medical Malpractice

Oftentimes, physicians are employed by more than one medical institution. This can make it difficult establish liability for negligent treatment in medical malpractice cases, since it is sometimes difficult to prove which...more

MIRTA RAMIREZ AS EXECUTRIX OF THE ESTATE OF NARCIZA TORRES V CRUZ ET AL

Decision and Order, Appellate Division, First Department

The New York Supreme Court, Appellate Division, First Department, affirmed the grant of summmary judgment by Bronx Supreme Court to our client in a claim involving the faiure to diagnose and treat colon cancer in a then 37...more

Cintron v. DEFENDANT HOSPITAL

Pre trial dismissal of high exposure medical malpractice actions provides tremendous cost savings to medical malpractice insurance...

Esther Widowski and Aryeh Klonsky of Widowski Law Group LLP successfully argued that defendant established its entitlement to summary judgment by showing that the treatment provided to plaintiff comported with good and...more

Florida Supreme Court Issues Opinion Broadly Interpreting Scope of Amendment 7

The Florida Supreme Court issued its opinion in West Florida Regional Medical Center, Inc. v. See. Of greatest importance is the broad reading the Court gives to Amendment 7 in finding that: 1. a blank application for...more

Summary of New Medical Malpractice Laws in North Carolina

A brief overview of the new medical malpractice laws in North Carolina going into effect on October 1, 2011....more

Illinois Court: Can Medical Malpractice Plaintiff Can Access Hospital Records Before Filing Suit?

In Zangara v. Advocate Christ Medical Center, 2011 WL 2342736, the Appellate Court of Illinois, First District, the plaintiffs contracted methicillin-resistant staphylococcus aureas (MRSA) while patients at Advocate. One...more

Illinois Supreme Court Considers Pattern Jury Instruction for Professional Negligence

The Illinois Supreme Court addressed an interesting issue earlier this month: whether the Illinois Pattern Jury Instructions on the standard of care for professional negligence correctly stated the law in Illinois. This issue...more

Cintron v. DEFENDANT HOSPITAL

Denial of Motion to Reargue Affirming Award of Summary Judgment

Pre-trial dismissal of medical malpractice actions via motion practice provides significant cost savings to the client. Mr. Klonsky obtained an award of summary judgment dismissing all claims against a major metropolitan...more

DRUG TESTING AND CHILD WELFARE

Document from HHS on drug testing for child welfare. Relevant to family law and civpro....more

SUBSTANCE ABUSE AND CHILD WELFARE COURTS

This Document from Health and Human Services serves as a guide for substance abuse and child welfare. Relevant to civil procedure and Family law issues....more

Benjamin v. Montefiore Medical Center et al.

Appellate Decision

Injured plaintiff with alleged nerve damage following bariatric surgery moved to restore her case to the trial calendar. Representing two of the defendants, a laparoscopic surgeon and a major metropolitan hospital, Mr....more

Open and Honest: New York Hospitals Test Malpractice Pilot Program

Five hospitals in New York City have joined a 3-year, $3-million program aimed at decreasing medical malpractice costs. The federally funded program will attempt to cut malpractice-related costs at the five hospitals by (a)...more

Cintron v. DEFENDANT HOSPITAL

Decision and Order Granting Summary Judgment

Mr. Klonsky recently obtained an award of summary judgment dismissing all claims against a major metropolitan hospital located in Bronx County. Plaintiff's suit alleged that Montefiore Medical Center was negligent in...more

Haywood v. Medstar-Georgetown Medical Center, Inc.

Order Granting Motion To Compel Defendant To Designate A Spokesperson For A Deposition

When patients are injured by alleged malpractice in hospitals, nursing homes and other health care facilities, the plaintiff is often confronted with having to depose multiple fact witnesses employed by the defendant...more

Columnist Says Maryland Hospital Should Stop Denying Stent Problems

I wrote a few days ago about the strange situation at a Baltimore hospital where the top heart surgeon apparently placed unnecessary stents in hundreds of patients. The hospital originally admitted the errors, but then when...more

Haywood v. Medstar-Georgetown Medical Center, Inc.

Plaintiffs' Reply To Defendant's Opposition To Motion To Compel Defendant To Designate A Spokesperson For A Deposition

When patients are injured by alleged malpractice in hospitals, nursing homes and other health care facilities, the plaintiff is often confronted with having to depose multiple fact witnesses employed by the defendant...more

Haywood v. Medstar-Georgetown Medical Center, Inc.

Motion To Compel Defendant To Designate A Spokesperson For A Deposition

When patients are injured by alleged malpractice in hospitals, nursing homes and other health care facilities, the plaintiff is often confronted with having to depose multiple fact witnesses employed by the defendant...more