Medical Malpractice

News & Analysis as of

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

Health Alert (Australia) - October 26, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Queensland 22 September 2015 - Metro South Hospital and Health Service & Leighton v Luthje [2015] QCATA...more

Rhode Island Supreme Court Decision Serves As A Reminder To Engage Necessary Experts Early In The Case

A recent Rhode Island Supreme Court decision serves as an important reminder of the need to engage essential expert witnesses early in a case and, at a minimum, before discovery responses are due....more

Supreme Court of Missouri Upholds Health Care Affidavit Statute for Medical Malpractice Claims

Lang v. Goldsworthy, 2015 WL 5936587 (Mo.banc. October 13, 2015) The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a wrongful death action premised on medical malpractice because the...more

Recent Florida Decision on the Admissibility of Treating Physician Testimony Based on Hypothetical Facts Which Differ from Those...

Florida’s Fourth District Court of Appeal recently considered when a treating physician may offer testimony based on hypothetical facts different than those presented in a medical malpractice case. In Cantore v. West Boca...more

Taking Down the Flagg: Fifth Circuit Remands Med Mal & Device Case for Lack of Diversity Despite Uncompleted Administrative Review...

A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more

Also In The News - Health Headlines - October 2015 #2

HHS Publishes Final Federal Health IT Strategic Plan 2015-2020 – On September 21, 2015, the Office of the National Coordinator for Health Information Technology (ONC) of HHS laid out the federal government’s final version of...more

Health Facilities May Be Insuring Doctors Without Knowing It

A September 29 ruling by the New Jersey Supreme Court effectively makes a health facility liable for the professional negligence of a medical staff member who doesn’t have malpractice insurance or who has insurance that...more

Diagnostic Errors: Overlooked and Critically Important

People make mistakes in any line of work, and diagnosing a medical problem is no exception. But new research shows that diagnostic errors not only aren’t rare, they’re disturbingly common. Almost all U.S. residents will be...more

Health Alert (Australia) - September 28, 2015

In This Issue: -Judgments; Legislation; and Reports In This Issue: -Judgments; Legislation; and Reports Australia Federal Court Alphapharm Pty Ltd v H Lundbeck A/S [2015] FCAFC...more

NLRB: Peer Review Obligations Trumped by NLRA

On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

Massachusetts Supreme Judicial Court Reinforces the Standard for Detailed and Complete Expert Disclosures and Clarifies the...

Massachusetts has made much ado about expert disclosures in recent years, even going so far as to implement the still “newish” Superior Court Rule 30B, which requires experts to sign party disclosures of the facts, opinions...more

Health Alert (Australia) - September 21, 2015

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Australian Capital Territory (ACT) 4 September 2015 - Hobbs v Tym & Anor [2015] ACTSC 276 The Supreme Court has...more

The Insidious Myth of Tort Reform | Medical Malpractice

We all have the right to safety, to know that if we are harmed, those responsible will be held accountable, regardless of their occupation. For years, insurance companies and lobbyists have tried to sway state legislators and...more

Louisiana – Long-Standing Medmal Issue Decided in Favor of Remand

Well, that appears finally to be over, and like the “ships” (relationships) at the end of the Harry Potter series, we’re not particularly happy with the end result – as compatible as ashwinder eggs and erumpent horn, those...more

Ask But Don’t Tell: Kentucky Allows Defendant to Seek Ex Parte Interviews of Plaintiff’s Treating Physicians

We walked into the Drug and Device Law Rock Climber’s room last night to find her packing for her return to college while the ignored TV blared in the background. Onscreen was a popular cable reality franchise involving...more

Plaintiff’s Expert Physician Deemed Not Competent to Testify as to the Standard of Care Applicable to Hospitals

In Lattimore v. Dickey (2015 S.O.S. 4448 – filed August 21, 2015), the California Court of Appeal for the Sixth District held that plaintiff’s expert physician’s declaration was insufficient to create a triable issue of...more

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

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