Medical Malpractice

News & Analysis as of

Oklahoma Supreme Court broadens scope of state's informed consent law

In the late 1970s, a patient named Norma Jo Scott underwent a hysterectomy performed by Dr. Vance Bradford that resulted in problems with incontinence. She sued Dr. Bradford for failing to disclose the risks and available...more

Health Alert (Australia) May 23, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia - 19 May 2016 - Inquest into the deaths of Robert Campbell and Jeremy Todd...more

Nader’s latest crusade: falsehoods about lawsuits, suspect tort reform

Americans have been brainwashed into disbelieving a fundamental truth about their legal system: Lawsuits actually are good for the country. They aren’t as costly nor as numerous as conventional wisdom holds. And they play a...more

Maternity and Medical Malpractice. Why are there More Cases?

When it comes to medical malpractice, there are an unusually high number of cases related to maternity and birth complications. This is true, not only in the state of Illinois, but across the United States. Medical...more

Insurance Review May 2016

It has been another active year for class action and mass tort litigation in Australia, with seemingly very few industries or sectors immune, even the legal industry upon which this burgeoning area of the law has been built....more

Medical error ranks as No. 3 killer in U.S., claiming 250,000 lives annually

Medical errors claim the lives of roughly 685 Americans per day- more people than die of respiratory disease, accidents, stroke and Alzheimer’s. That estimate comes from a team of researchers led by a professor of surgery at...more

Health Alert (Australia) - May 2, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Inquest into the death of Chris Pravin Prasad Mr Prasad was a 51-year-old involuntary inpatient at a psychiatric...more

Capturing Flagg: Fifth Circuit, En Banc, Holds that Failure to Complete Pre-suit Medical Board Review Renders Med Mal Defendants...

We previously wrote about the Fifth Circuit’s panel decision and the defendants’ petition for rehearing en banc in this case. As we reported earlier, the issue is whether a non-diverse defendant is improperly joined by...more

Statute of Limitations — Protected Information in Florida Medical Malpractice

Recently, the Second District Court of Appeals decided the case of Gina Marie Bove, as Personal Representative of the Estate of Anthony Bove, deceased v Naples HMA, LLC d/b/a Physicians Regional Medical Center-Pine Ridge;...more

Medical Malpractice and Healthcare Quarterly - Spring 2016

DELAWARE COURTS TIGHTEN EXPERT REPORT REQUIREMENTS - In a recent case, the Superior Court held that a party producing an expert report must make sure the report delineates the opinions specifically to meet the...more

Health Alert (Australia) - April 4, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 22 March 2016 - De Bruyn v Victorian Institute of Forensic Mental Health [2016] VSC 111 The...more

Washington Healthcare Update

This Week: The Affordable Care Act turned 6 years old on March 23... Four in ten voters say health care is extremely important when picking a President, according to a Kaiser Family Foundation’s new tracking poll......more

What is the National Practitioner Data Bank (NPDB)?

According to the NPDB website, it is an “electronic information repository created by Congress. It contains information on medical malpractice payments and certain adverse actions related to health care practitioners,...more

Health Alert (Australia) - March 21, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria - 15 March 2016 Inquest into the death of Reginald Johns Brooks - On 20 December 2013, Mr Brooks,...more

Health Alert (Australia) - March 7, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Victoria 26 February 2016 Inquest into death of Maree Rosalie Jones Ms Jones was admitted...more

Common & Deadly Forms of Medical Malpractice

Medical errors are the third most common cause of death for Americans. Each year, nearly 400,000 people die as a result of errors made by trained medical professionals. With heart disease and cancer taking the first and...more

Health Alert (Australia) - February 29, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland 17 February 2016 - Inquest into the death of Rick Dudley Dickinson Mr Dickinson presented to hospital...more

Health Alert (Australia) - February 15, 2016

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments JUDGMENTS Western Australia 8 February 2016 - Martin V Minister for Health [2016] WADC 15 Mr Martin...more

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

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