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Tag: Defense

Appellate Court Sides With UConn Hospital in Wrongful Death Suit, Citing Improper Notice

The Connecticut Court of Appeals sided with UConn Health’s John Dempsey Hospital last week, finding the trial court ”broadly construed” that the plaintiff’s initial notice to sue in his individual capacity did not include permission to sue on behalf of a decedent’s estate…law.com, Appellate Court Sides With UConn Hospital in Wrongful Death Suit, Citing Improper Notice? May 2022

Telemedicine: What Does It Mean for Med Mal Litigation?

Although in-person visits have slowly begun rebounding to pre-pandemic levels, and some measures that expanded access to telemedicine during the pandemic have ended, it is anticipated that increased use of telemedicine will continue. The American Medical Association has stated that telehealth is a critical part of the future of health care…law.com, Telemedicine in the Era of COVID-19: What Does It Mean for Med Mal Litigation? Jeffrey Krawitz and Michael Ksiazek, May 2022

Doctor Must Pay $1.3M for Patient’s Cancer

Plunkard, 46, of Brunswick, Md., claimed in her lawsuit that Marks should have discovered her cancer in January 2016 at a time when it could have been remedied by way of a simple surgery…law.com, pennlive.com, Federal jury awards $1.3M to terminally ill woman who claimed doctor misdiagnosed her cancer, Matt Miller, Apr 22

18-Inch Sponge Left in Stomach for 5 Years

Carolyn Boerste underwent aortobifemoral bypass surgery at University of Louisville Hospital In March 2011 to improve circulation in her lower extremities. During the surgery, performed by Marvin Morris, MD, the surgical team left a laparotomy sponge in Boerste’s abdomen…medscape.com, Lawsuit: 18-Inch Sponge Left in Stomach for 5 Years; Migrates Internally, Alicia Gallegos, Mar 2022

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…medscape.com, 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…medscape.com, 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…law.com, 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…law.com, 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…law.com, 1st Department: ‘Lavern’s Law’ Does Not Expand Limitations Period for Lung Cancer Patient, Jason Grant, Mar, 2022

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