Medical Malpractice

News & Analysis as of

Appellate Court Notes

SC19297 - DiLieto v. County Obstetrics & Gynecology Group, P.C. - Plaintiff received a jury verdict of $4.5 million in this medical malpractice action due to the wrongful removal of certain organs. The plaintiff was...more

Law Review Articles That Caught Our Eye

Maybe our motto here at DDLaw should be “we read law review articles so you don’t have to.” Here are a couple of recent ones that looked interesting to us....more

Health Alert (Australia) - May 11, 2015

In This Issue: Judgments, Legislation; and Reports and Publications. Excerpt from Legislation: Commonwealth - 5 May 2015 - Australia New Zealand Food Standards Code — Standard 1.4.2 — Maximum Residue...more

Hospital Says Injury Was Malpractice, Plaintiff Insists It Wasn’t

Here’s an interesting riddle. When a plaintiff sues a hospital for an injury, why would the hospital insist the injury was caused by malpractice? Even more puzzlingly, why would the plaintiff insist she was not the victim...more

New state law allows access to investigational drugs

In line with a nationwide movement, on April 21, 2015, Governor Fallin signed into law House Bill 1074, the Oklahoma Right to Try Act. The Act allows physicians to prescribe to terminally ill patients investigational drugs,...more

Health Alert (Australia) - May 4, 2015

In This Issue: Judgments; Legislation; and Reports & Publications. Excerpt from Reports & Publications: Queensland. Office of the Health Ombudsman 24 April 2015 - Health Ombudsman releases third...more

Study: breast cancer often misdiagnosed in early stages

Misdiagnosis is a problem that continually plagues the U.S. healthcare system. A medical malpractice lawyer in Illinois often sees patients who are told that they don’t have a disease only to learn later that they have...more

When plastic surgery goes wrong?

In 2012, over 14.6 million plastic surgery procedures were performed in the U.S., according to the American Society of Plastic Surgeons. Many people here in Illinois undergo these procedures to improve their appearance or...more

Health Alert (Australia) - April 28, 2015

In This Issue: Judgments; Reports; and Legislation. Excerpt from Judgments: Australia. Federal Court - 15 April 2015 - Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in...more

Health Alert (Australia) - April 13, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 27 March 2015 - Public consultation opens on draft Principles and guidelines for the care and use of non-human primates for scientific...more

What Oklahoma's amended Uniform Controlled Dangerous Substances Act means for prescribing medical providers

Last Friday, Oklahoma Governor Fallin signed House Bill 1948 into law, amending the Uniform Controlled Dangerous Substances Act. The new law, which goes into effect on November 1, 2015, enhances access to Oklahoma’s...more

8 biggest medical mistakes patients face today

According to a recent study in the Journal of Patient Safety, between 210,000 and 440,000 people die each year in the U.S. due to preventable medical mistakes in hospitals. If this staggering number is accurate, medical...more

Insurance Recovery Law - April 2015

Legal Issues Not Proper Expert Testimony - Why it matters: As a good reminder concerning the boundaries for admissibility of expert opinions, a federal court in Texas recently granted a policyholder’s motion to strike an...more

Study: Improve caregiver communication and lower medical mistakes

According to a recent study in the Journal of Patient Safety, between 210,000 and 440,000 patients die each year in U.S. hospitals due wholly or in part to preventable medical errors. ...more

Laypersons’ Observations of Hospital Staff’s “Lack of Urgency” in Treating Relative Sufficient to Sustain Claim for Negligent...

In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more

Westerhoff and McCallum: More from the OCA on Expert Evidence

The Ontario Court of Appeal released its decision last week in Westerhof v. Gee Estate and McCallum v. Baker (2015 ONCA 206), which are the companion cases to Moore v. Getahun.  All three appeals were heard together....more

Nurse fatigue raises risk of medical errors

Few Illinois workers have the potential to make fatal errors when they become fatigued while on the job. An Illinois medical malpractice lawyer likely knows that nurses are chief among workers with this potential....more

Long Tail Personal Injury Claims – Have the Gates Opened in Western Australia?

In September 2014, we reported on the argument before the Supreme Court of Western Australia Court of Appeal in an appeal against the decision of Dixon v Clarke [2013] WASC 471.  The Court of Appeal delivered its reasons for...more

Colorado Tax Revenue for Recreational Marijuana Lower Than Expected

Last month, the Colorado Department of Revenue released the December sales tax data for recreational marijuana, bringing the total for Colorado’s first full calendar year of taxes on recreational marijuana to about $44...more

Health Alert (Australia) - March 23, 2015

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: New South Wales (NSW). Ministry of Health - Media Releases - 18 March 2015 - NSW says protect against mosquitoes after huge...more

Wrong-site surgeries underreported

When Illinois residents seek surgical treatment they often trust that their physicians will do their best to ensure that they come out of surgery in better condition than they when they arrived. Unfortunately, a Chicago...more

Reinsurance Exclusion Bars Coverage For Bad Faith Lawsuit

A federal judge in North Carolina recently examined a reinsurance policy provision excluding loss “resulting from any claim for . . . any actual or alleged lack of good faith or unfair dealing in the handling of any claim or...more

Health Alert (Australia) - March 16, 2015

In This Issue: Judgments; Legislation; and Publications & Reports. Excerpt from Publications & Reports: American Medical Association (AMA) - 12 March 2015 - New AMA, CDC Initiative Aims to 'Prevent...more

Insurance Review (Australia) - February 2015

In This Issue: - REGULATORY: - The Financial System Inquiry - Insurance Reform In The UK - CYBER: - Top Five Privacy And Cyber Predictions, Trends And Issues Impacting Insurers In 2015 And...more

Wiggin And Dana's Medical Malpractice Update

The Connecticut General Assembly is considering a bill that would toll the statute of limitations for a negligence action brought by a minor. Raised Bill No. 1028 would extend the statute of limitations for a minor until one...more

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