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Personal Injury & Medical Malpractice

  • October 17, 2017

    11th Circ. Revives Prisoner's Suit Over Hep C Treatment

    The Eleventh Circuit on Monday revived a now-deceased Georgia prisoner’s suit alleging personnel at Autry State Prison refused to treat his hepatitis C, ruling the suit should be considered under an imminent danger exception to a law limiting prisoner lawsuits.

  • October 17, 2017

    Lack Of Affidavit Sinks Med Mal Claim In NJ Appeals Court

    A New Jersey appeals court on Tuesday affirmed the dismissal of medical malpractice claims against an anesthesiologist over a woman’s death after a gastrointestinal probe, ruling that the late woman’s husband never properly requested the medical records he claimed his expert witness needed to provide an opinion.

  • October 16, 2017

    HCA Healthcare Must Face Calif. Doctor’s Retaliation Suit

    A California appellate panel on Friday greenlighted a suit accusing an HCA Healthcare hospital of terminating a doctor’s contract because he refused to discharge patients early, saying the case was not subject to California's law barring lawsuits that infringe free speech rights.

  • October 16, 2017

    Fed. Gov’t Must Face Suit Over VA, Doc’s Privacy Breach

    A California federal judge on Friday allowed to move forward a suit accusing a doctor and a U.S. Department of Veterans Affairs health clinic of negligently disclosing a patient’s confidential medical information, which exacerbated the patient’s post-traumatic stress disorder, saying the patient made a good faith effort to file his complaint on time.

  • October 16, 2017

    Pa. Med Board Erred In Nixing License Reinstatement: Court

    A Pennsylvania appeals court on Monday overturned a state medical board's rejection of a physician assistant's bid to reinstate his license, saying the man had successfully completed a drug treatment program that effectively vacated his criminal drug conviction.

  • October 16, 2017

    Insurer Must Pay Med Mal Judgment Against Absent Doctor

    A doctor’s failure to take part in his malpractice trial does not excuse his insurance company from its duty to pay into the $2.6 million judgment against him, a Maryland federal court found Monday.

  • October 16, 2017

    Woman’s Facial Scar Case Rightly Dismissed, NJ Panel Says

    The New Jersey Appellate Division on Monday affirmed the dismissal of a medical malpractice complaint over a facial scar, ruling that a lower court properly refused the patient’s second request for more time to fight the hospital’s attempt to toss the case.

  • October 13, 2017

    Mass. Court Revives Suit Over Surgical Clip Left In Patient

    A Massachusetts appellate panel on Friday revived a suit accusing two doctors of leaving a surgical clip inside a patient’s bladder during a prostate removal surgery, saying the patient credibly alleged negligence so dismissal at this stage of the case was not warranted.

  • October 13, 2017

    Nursing Home’s Med Mal Trial Win Preserved By Ky. Panel

    A Kentucky appellate panel on Friday affirmed a jury verdict clearing a nursing home of liability in a suit accusing the health care provider of being responsible for a patient’s death, rejecting claims of juror bias and erroneous jury instructions.

  • October 13, 2017

    Patient Fall Suit Is Med Mal, Requires Expert, Ky. Court Says

    In a split ruling, a Kentucky appellate panel on Friday affirmed the dismissal of a suit accusing a hospital of negligently allowing a patient to fall from a bed, saying the alleged negligence isn’t obvious to a layperson and therefore required an expert medical opinion.

  • October 13, 2017

    Wyo. High Court Sends Kindred Death Suit To Arbitration

    The Wyoming Supreme Court ruled Thursday a trial judge was wrong to deny arbitration in a suit accusing a Kindred Healthcare-owned nursing home of being responsible for a patient’s death, saying the arbitration agreement was not unconscionable and the patient’s daughter had the authority to sign it.

  • October 13, 2017

    Pa. Court Won't Rap Nursing Home Over Discovery Faults

    After granting a new trial to the estate of a patient in a long-running nursing home negligence suit in August, the Pennsylvania Superior Court has held firm in its decision not to punish the home for a series of decade-old discovery violations, even after scolding the home for its conduct.

  • October 12, 2017

    VA To Pay $1M For Claim It Missed Vet’s Post-Op Diagnosis

    The federal government agreed to pay $1 million to resolve a suit accusing two U.S. Department of Veterans Affairs hospitals of providing negligent post-operative care that caused a man’s serious injuries and required corrective surgeries, according to documents filed Tuesday in Illinois federal court.

  • October 12, 2017

    Fla. Nursing Home Generator Rule May Be Untenable, For Now

    After the deaths of 14 residents in a nursing home caused by power outages in the wake of Hurricane Irma, Florida regulators gave nursing homes and assisted living facilities 60 days to install new generators capable of providing four days of backup power, but experts say the time frame is unrealistic and doesn’t take into consideration costs and other issues.

  • October 12, 2017

    UT Docs' Employee Status At Issue Before Texas High Court

    As the University of Texas Health Science Center at Houston aims to dump defamation claims against four doctors whose comments allegedly led the hospital to rescind an offer to a medical resident, Texas Supreme Court justices on Thursday weighed whether the doctors are considered hospital employees.

  • October 12, 2017

    NY High Court Ropes Doc Back Into Suit Over Stopped Meds

    New York's highest court on Thursday reinstated claims against a cardiologist in a suit accusing three doctors of negligently halting a patient's heart medication, which purportedly contributed to his death, saying a dispute exists regarding the cardiologist’s negligence.

  • October 12, 2017

    Fed. Gov't To Pay $925K To End Claims Of Negligent VA Care

    A Pennsylvania federal judge ended a suit Wednesday accusing the Philadelphia VA Medical Center of negligently treating a veteran's urinary tract infection that purportedly caused gangrene requiring the amputation of both legs below the knee, after the parties agreed to settle the case for $925,000, the plaintiff's attorney said.

  • October 12, 2017

    Atty Pleads Guilty In $3.4M Tax Evasion Scheme

    A personal injury and medical malpractice attorney pled guilty in a New York federal court on Thursday to one count of tax evasion after cheating the Internal Revenue Service out of nearly $3.4 million over 15 years.

  • October 12, 2017

    Tenn. Court Won't Revive Suit Over Nursing Home Death

    A Tennessee appellate court declined Wednesday to revive a wrongful death suit brought by the estate of a patient that claimed a Life Care Centers of America nursing home failed to keep her bed upright while she used a feeding tube, causing her to aspirate and die.

  • October 11, 2017

    Iowa Court Backs Doc’s Trial Win In Baby Brain Injury Suit

    An Iowa appeals court on Wednesday affirmed a jury’s decision to clear a doctor in a suit alleging he caused a baby’s severe brain damage by failing to perform a cesarean section, saying certain evidence was properly excluded by the trial judge.