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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…law.com, Judges Rule Emory Healthcare Cannot Compel Arbitration for a Baby’s Med-Mal Case, Katheryn Hayes Tucker, Feb, 2022
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….law.com, Federal Judge Tosses Personal Injury Firm’s Challenge to Law Sealing MedMal Decisions, Allison Dunn, Feb 2022
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…law.com, $1.8M in Delay Damages Added to $9.7M Med Mal Verdict, Rejecting Arguments Over Pandemic Court Closures, Max Mitchell, Feb 2022
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%)…mdedge.com, Marcus A. Banks, Feb 2022
A state appeals court has denied a woman’s petition to file a late claim notice in a potential medical-malpractice action against the city’s public healthcare system, writing that she “failed to establish a reasonable excuse for her 10-month delay in filing a late notice” when she asserted that she didn’t know her forearm’s nerve was severed until she discovered it at a separate, private hospital…law.com, Woman Can’t File Med Mal Claim Notice 10 Months Late With No ‘Reasonable Excuse’, Jason Grant, Feb 2022
New York’s Chief Administrative Judge promulgated a new rule that became effective Dec. 15, 2021 for Commercial Division cases which specifically provides for taking remote depositions upon consent or by motion upon a showing of “good cause.”… law.com, New Rule on Taking Remote Depositions, Mark A. Berman, 2021
On Sept. 30, 2013, Dawn Pugar, 52, underwent hip surgery. The procedure was performed by an orthopedist, Dr. Dale Yakish, assisted by an anesthesiologist, Dr. Brett Anderson… law.com, Doctors Rejected Blame for Patient’s Fatal Post-Op Aspiration
This case illustrates why physicians need to double- or triple-check test results before making a diagnosis…medscape.com, Malpractice Case: How Did Physicians Miss This Dangerous Abscess, Jacqueline Ross, PhD, RN; David L. Feldman, MD, MBA
A jury awarded $600,000 to a man who claimed that unwanted cosmetic surgery caused permanent numbness and paralysis of his face. Jerome Jimison underwent plastic surgery on Dec. 12, 2016….law.com, Florida Jury Sides With Patient Who Claimed Unwanted Facelift Caused Permanent Nerve Damage, Melissa Siegel, 2021
On Jan. 30, 2018, plaintiff Jeffrey Fenuccio, 51, underwent a colonoscopy. Before the procedure had begun, a certified registered nurse anesthetist administered an anesthetic. An anesthesiologist, Dr. Robert Statfeld, supervised the nurse. While the colonoscopy was being performed, the nurse administered further doses of the anesthetic. After the colonoscopy had been completed, Fenuccio began to vomit…law.com, Florida Jury Rejects Suit Against Anesthesiologist Over Response to Aspiration Event, Melissa Siegel, 2021
