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Tag: Litigation

Doc Fails to Order Crucial Tests; Paralyzed Patient Wins $17M

On or about June 4, 2017, Michael Rodgers sustained injuries while riding his motorcycle. Admitted to Charleston Area Medical Center’s (CAMC’s) Level I trauma center, he initially showed no neurologic impairment and was able to feel and move all his extremities…, Doc Fails to Order Crucial Tests; Paralyzed Pt Wins $17M, Wayne J. Guglielmo, MA

Physician Loses Right Leg, Sues Podiatrist

In December 2020, Mario Adajar, MD, 59, sought treatment for his foot calluses and the chronic ulceration of his right foot. Adajar consulted a podiatrist, who has surgical privileges at Wilkes-Barre Commonwealth Hospital. According to his complaint, Adajar made the podiatrist aware that he had type 2 diabetes and had recently undergone a kidney transplant…, Physician Loses Right Leg, Sues Podiatrist, Wayne J. Guglielmo, MA, March 16, 2022

Malpractice Suits Against Family Physicians Declined in 2021

Attorneys who specialize in such lawsuits attributed the decline to the fact that fewer people have received healthcare in person during the COVID-19 pandemic, along with a general sense of gratitude among patients for the sacrifices healthcare workers have made throughout the past 2 years…Malpractice Suits Against Family Physicians Declined in 2021: Survey, Marcus A. Banks, 2022

Med-Mal Claims Not Barred by $2 Million CVS Settlement

The Connecticut Supreme Court upheld the denial of dismissal of a medical malpractice lawsuit against UCONN Health
Center/John Dempsey Hospital after the plaintiff reached a $2 million settlement with CVS Pharmacy in connection with a
man’s death…, Med-Mal Claims Against UCONN Hospital Not Barred by $2 Million CVS Settlement, State Supreme Court Says, Allison Dunn, Mar 2022

No Pleasant Surprise

Judge Amanda Mercier ruled that a trial court has broad discretion to sanction lawyers who surprised opponents with a new expert witness the day before the trial…, Surprise Defense Expert Frowned Upon in Ruling Affirming $6.4M Birth Injury Judgment, Katheryn Hayes Tucker, Mar, 2022

‘Lavern’s Law’ Does Not Expand Limitations Period for Lung Cancer Patient

In a suit filed by lung-cancer patient Geraldine Ford against her former radiologist, the Appellate Division, First Department tossed out her malpractice and lack-of-informed-consent action., which has medical facts underlying it that in certain respects are similar to those in Lavern Wilkinson’s matter. The law was named after Wilkinson, who died in 2013…, 1st Department: ‘Lavern’s Law’ Does Not Expand Limitations Period for Lung Cancer Patient, Jason Grant, Mar, 2022

No Forced Arbitration for a Baby’s Med-Mal Case

Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant’s death. He explained why and spelled out how the hospital could have succeeded…, Judges Rule Emory Healthcare Cannot Compel Arbitration for a Baby’s Med-Mal Case, Katheryn Hayes Tucker, Feb, 2022

Challenge to Law Sealing Med-Mal Decisions Dismissed

The defendant argued that the district court should abstain because the three conditions under the ‘Pullman’ abstention are met. Judge Nancy Torresen granted the defendant’s motion to dismiss without prejudice, finding that ‘Pullman’ abstention is appropriate…, Federal Judge Tosses Personal Injury Firm’s Challenge to Law Sealing MedMal Decisions, Allison Dunn, Feb 2022

$1.8M in Delay Damages Added to $9.7M Med Mal Verdict

The decision rejected arguments from the defense seeking to exclude from the delay damages several months when the courts in Pennsylvania were closed under emergency shutdown orders due to the COVID-19 pandemic…, $1.8M in Delay Damages Added to $9.7M Med Mal Verdict, Rejecting Arguments Over Pandemic Court Closures, Max Mitchell, Feb 2022

Missed Diagnosis Common Source of Malpractice Claims Against PCPs

More PCPs were part of lawsuits that named multiple parties (34%) than suits that named a individual practitioners (11%). Failure to make a proper diagnosis (41%) was the most common claim in malpractice suits against PCPs, followed by poor outcome/disease progression (26%), complications from treatment/surgery (17%), wrongful death (16%), and failure to treat/delayed treatment (16%)…, Marcus A. Banks, Feb 2022

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