Missouri Hospital Keeps Trial Win In Shaken Baby Case

Duty to warn cases are important but the proof can be tricky. At issue on appeal is a jury instruction stating that jurors were to find in favor of the hospital if they determined that Lane’s then-boyfriend, Ben Andrews, had abused Hollis. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1688549?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-06-14&nlsidx=0&nlaidx=4?copied=1

AI In Medicine and Law

As lawyers look forward to patient safety advances that AI may make available in medicine, it is important to keep an eye on the dangers as they appear in our own profession. Levidow Levidow & Oberman PC and its attorney Steven Schwartz told a New York federal court that they are “truly mortified” over submitting […]

Falls In A Healthcare Setting Can Be Devastating

A three-judge Appeals Court panel reversed a Suffolk County judge’s dismissal of a suit alleging that nurse Orbelina Erazo, physical therapist Lauren O’Hara and their employer, Brigham & Women’s Faulkner Hospital, failed to properly assess the fall risks for patient Elizabeth Owens, which caused her to fall and fracture her hip following hip surgery. Read […]

FDA Black Box Warnings

FDA’s black box drug warnings can be powerful evidence in medical malpractice cases. But in Florida, they probably aren’t enough to relieve the requirement to have expert witness testimony. An Arizona appeals court on Tuesday revived a lawsuit alleging a urologist negligently prescribed an antibiotic that caused harmful side effects to a patient, saying medical […]

The Line Between Relevance and Privacy for Plaintiffs Can Be Thin (but still exists in some places)

An Illinois court ruled that a defendant doctor’s legal team could not have access to the plaintiff’s mental health records because they were not relevant to the claims. “From the limited record, Dr. Rao practices at a clinic that specialized in lung issues. Plaintiff was there presumably seeking treatment for lung issues. Nowhere in the […]

$8.5M Med Mal Verdict For Death After Routine Knee Surgery

A jury has awarded $8.5 million to the wife and estate of a patient who died after a routine knee-replacement surgery at a private surgical practice based in Glastonbury. In many cases, anesthesia is the culprit in such shocking outcomes but in this case it was the failure to detect and treat a fatal blood […]

OR ‘black boxes’: How hospitals are borrowing from airplane technology

Whenever I read an operative report in a surgery gone bad, I wonder about the accuracy of the surgeon’s descriptions. Sometimes, the outcome and physical evidence make the descriptions untenable. We may be on the verge of something closer to a true, contemporaneous account of every surgery. The OR Black Box system, which was developed […]

Stayskal Claims: Army Denies the Malpractice Claim Of The Soldier Who Fought for His Colleagues Right To Recover for the Army’s Malpractice

Service is underappreciated and what is additionally infuriating is when the Armed Services pile insult upon injury. To a person, my Family treasures the time we spent in Fort Bragg. It forged friendships that last a lifetime and brought us Caroline. But like any large institution, the Army can be cruel. Its not a news […]

Telehealth and Medical Malpractice Claims

Patients need to understand the risks and potential problems associated with telehealth visits to avoid additional injuries. Medical malpractice can become more of a danger than ever. UNDERSTANDING TELEHEALTH AND THE RISKS OF MEDICAL MALPRACTICE I had a case involving teleradiology services provided to an internal medicine practice from hundreds of miles away. The level […]

Hospitals have begun to use the technology to help reduce medical errors and improve patient safety.

Black boxes on airplanes record detailed information about flights. Now, a technology that goes by the same name and captures just about everything that goes on in an operating room during a surgery is making its way into hospitals. Here is the link: Hospital ‘Black Boxes’ Put Surgical Practices Under the Microscope: Hospitals have begun […]