Medical Malpractice

News & Analysis as of

Court of Appeals Overturns Defense Verdict In Medical Malpractice Conditional Consent Case: Carter v. The Pain Center of Arizona

After a fall, Carter met with Dr. Towns, who recommended a sacrococcygeal ligament injection for her pain. When Carter expressed anxiety about the injection, Towns offered to sedate her for the procedure. When Carter returned...more

Diagnosing the Causes of Medical Malpractice

A patient visits their physician in a time of great need. Whether for treating a back injury, or removing a cancerous tumor, a patient must be able to trust their physician with their health. In some cases, their very lives...more

Summary of California Appellate Decisions - January 2016

Insurance Coverage; Vandalism and Malicious Mischief Exclusion - Hung Van Ong v. Fire Insurance Exchange (2015) 235 Cal.App.4th 901, 185 Cal.Rptr.3d 524 - Facts: The insured had a vacant apartment building....more

When do healthcare defendants want to be accused of malpractice?

Most injury or wrongful death cases against hospitals, health care facilities, and health care practitioners are governed by the procedures in Fla. Stat. 766, also known as the Medical Malpractice Act. This Act itself is...more

Louisiana Medmal Removals – It Ain’t Over ‘Til It’s Over

Back in September, we reported on Flagg v. Stryker Corp., 801 F.3d 456 (5th Cir. 2015), which reversed a nearly ten-year trend in Louisiana product liability litigation recognizing diversity jurisdiction where plaintiffs...more

FDA Not Sure About Essure

Medical doctors have a great deal of responsibility placed upon them. After years of training and practice, they are expected to have the skill and ability to identify symptoms and translate that into a diagnosis. That...more

Mississippi Plaintiff Defeated By Improper Construction of “Amend As A Matter Of Course” Rule

We spent the past weekend in Cleveland, visiting a dear law school friend of whom we see much too little. Cleveland deserves more press as a travel destination. It boasts beautiful architecture, (including spectacular...more

Workers' Compensation Update: Recouping Workers' Compensation Costs In A Subsequent Medical Malpractice Case

Suppose an employee with a work-related knee injury needs a total knee replacement. During surgery, however, the popliteal artery is inadvertently severed, leading to a medical malpractice claim against the operating doctor...more

Medical Malpractice and Healthcare Quarterly - Winter 2015-2016

DELAWARE MOVES TO MAKE TELEMEDICINE MORE ACCESSIBLE - On July 7, 2015, Governor Jack Markell signed into law House Bill No. 69 (DE LEGIS 80 (2015), 2015 Delaware Laws Ch. 80 (H.B. 69)), which amends various provisions of...more

California Court Of Appeal Issues A Utilization Review Determination To Watch

The Fourth Appellate District of the California Court of Appeal issued its determination in a dispute over utilization review in its opinion of January 5, 2016, Kirk King et al. v. CompPartners, Inc. et al, 2016 S. O. S. In...more

How Common are Medication Errors in Surgery?

New Study Shows Drug Errors Common During Surgeries - Medication errors occur during surgery much more often than most of us would expect. A recent report from CBS News indicated that doctors make medication errors in...more

Check--and Double Check--to Avoid Professional Liability in New Jersey

A recent New Jersey Supreme Court decision warns that health-care facilities that fail to do appropriate due diligence before granting privileges to physicians could face potential liability for that failure. In Jarrell v....more

Why No One is Talking About Surgical Errors

Major surgical errors happen more often than most people want to think about. These errors can have life-changing consequences for patients. In some cases, the consequences are downright lethal....more

Could Recorded Medical Procedures Be in the Future of Medical Malpractice Investigation and Prevention

Smartphones are everywhere these days, it seems, and more and more individuals are using them to record interactions with doctors. Many might remember a case in June of 2015, when a Virginia man was awarded $500,000 after...more

Who is Florida’s Attorney General trying to protect?

In Florida, do we citizens who live here comprise “the State”? The attorney general in Florida has launched another one of her battles; which I would guess she characterizes as “defending the best interests of Florida,...more

Misdiagnosis and Traumatic Brain Injuries

How often do diagnostic errors occur, and should individuals with traumatic brain injuries (TBIs) be particularly concerned about the risks associated with misdiagnosis? According to a fact sheet from RightDiagnosis.com, TBIs...more

Lost Chance Loses In Product Liability

Occasionally we see plaintiff-side experts attempt to opine, to a reasonable degree of medical certainty (or sometimes probability), that one of our clients’ products was a substantial factor – not in “causing” the purported...more

Medical Device Manufacturers as "Health Care Providers"

We’ve read a fascinating new case out of Texas, Verticor, Ltd. v. Wood, ___ S.W.3d ___, 2015 WL 7166024, No. 03-14-00277-CV, slip op. (Tex. App. Nov. 13, 2015), posing the question whether a medical device company can be a...more

Health Alert (Australia) - November 16, 2015

In This Issue: -Judgments; Legislation; and Reports. - Excerpt from Judgments: Commonwealth. Federal Court 11 November 2015 - Ramsay Health Care Australia Pty Ltd v Compton [2015] FCA 1207 The Federal...more

Why Patients Should Fear Diagnostic Errors

Errors in diagnosis are the top cause for medical malpractice lawsuits in the United States. Despite these staggering statistics, diagnostic errors have not been the subject of attention in Chicago the way that other...more

Prosecutors win rare murder conviction of M.D. in prescription drug deaths

The Centers for Disease Control and Prevention offers but one voice among many that has declared that the United States is in the midst of a prescription drug abuse epidemic. As the CDC notes: “Since 1999, the amount of...more

Florida Constitutional Provision Mandating Disclosure of Adverse Medical Incidents Preempted by Federal Patient Safety and Quality...

The First District Court of Appeal in Florida recently held in Baptist Hospital of Florida, Inc. v. Jean Charles, Jr., No. 1D15-0109, October 28, 2015, that a Florida constitutional provision mandating disclosure of adverse...more

Are Chiropractors Subject to Medical Malpractice Law in Illinois?

Many patients in Chicago seek chiropractic treatment each year. For some patients, however, Chiropractic treatment leads to injury, or even death. These cases leave many patients and their families wondering if they can...more

Product Liability Update - October 2015

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

Legal Risks Facing Nursing Home Providers and Reducing Risk with Clinical Documentation

Documentation in Electronic Health Records: - Nursing homes lag behind other providers in electronic health record system adoption - Of 472 nursing homes in New York, there was a 7.7 percent increase in EHR adoption...more

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