I’m curious because the news report doesn’t mention it – wasn’t there a repeat biopsy once they realized the first specimen was lost? “Defendant UW lost the surgically removed tumor prior to conducting the requisite pathological review and left plaintiff without a clear diagnostic or care plan,” according to the complaint seeking medical negligence damages. […]
I got nuthin’. Wait … I do. Dear Hospital Counsel – stop litigating this nonsense. “Taking a broader view of the relationship between RMF and Burke, we emphasize that those parties deliberately chose to use the term ’employee’ in their agreement,” the appeals court said. “They could have used the term ‘independent contractor,’ but they […]
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
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 […]
Hospitals can fail their communities when they aren’t run properly. Mismanaged finances can result in poor quality care. Executives and board members of the Maimonides Medical Center in Brooklyn have been accused of conspiring to divert hospital resources into their own pockets at the expense of patient care and community health in a proposed $500 […]
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’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 […]
Over one hundred thousand dollars in sanctions upheld against an insurance defense lawyer for deliberately poisoning a trial to benefit his client. And it worked – at least for his client, if not for him. I am not surprised in the least. Plaintiffs: Choose your lawyer carefully, and this won’t happen. Hurt was representing the […]
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 […]
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 […]
