Posts tagged with: "medical+malpractice"
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6 Jan 2010, 5:01 am
In Spar v. Cha, M.D., No. 45S05-0906-CV-273 (Ind. 2009), plaintiff patient brought a medical malpractice claim against defendant doctor after the patient suffered complications and infections following laparoscopic surgery. The Indiana Supreme Court ("ISC") held, in part, that the defense of incurred risk (assumption of risk) was not and could not be a defense to plaintiff patient's lack of informed consent claim. In echoing the Indiana Court of Appeals prior decision in this case, the ISC explained… [read post]
4 Jan 2012, 8:26 am
By Emily Mapp Brannon, Virginia Medical Malpractice Attorney
An attorney with the Shapiro, Lewis & Appleton law firm has written about the health risks associated with ruptured breast implants. Our firm understands the devastating side effects that can result from a ruptured breast implant. We represented a client who suffered major deformities from a rupture and took her case all the way to the Virginia Supreme Court. To learn more, take a look at “Breast Implants Still Causing Harm.”
AC
About… [read post]
9 Apr 2013, 2:16 am
A mother in Illinois has filed a medical malpractice lawsuit against the obstetrician who delivered her daughter, claiming that excessive force resulted in the child’s Erb’s palsy. The lawsuit against Chicago’s Mount Sinai Hospital Medical Center was originally filed in Cook County Circuit Court, but was later transferred to federal court for the Northern District of Illinois.
The lawsuit claims that the mother was admitted to Mount Sinai on July 3, 2010. During the delivery of… [read post]
28 Dec 2009, 5:42 am
Indiana's Comparative Fault Act does not apply to medical malpractice actions against qualified health care providers. I.C. § 34-51-2-1(b)(1). Consequently, the common law principles of negligence apply to medical malpractice claims, and contributory negligence on the part of the plaintiff, if found, will bar the plaintiff's recovery against a qualified health care provider. King v. Clark, 709 N.E.2d 1043, 1046 (Ind. Ct. App. 1999), transfer denied. For example, a plaintiff's failure to follow a… [read post]
14 Mar 2013, 3:58 am
An Illinois couple has filed a lawsuit against Pfizer after a birth injury resulted in their son’s death. The plaintiffs assert that their son was exposed to the antidepressant Zoloft, manufactured by Pfizer, and that he suffered from syndactyly and hypoplastic left heart syndrome, which eventually led to his death.
The lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania and names the distributors and manufacturer of Zoloft as defendants. The claims… [read post]
8 Jan 2012, 2:54 pm
By Emily Mapp Brannon, Medical Malpractice lawyer in Virginia
An attorney with the Shapiro, Lewis & Appleton law firm has written about a disturbing report that released by the New York Times that shows most preventable medical errors are not reported. When a mistake is investigated, many hospitals do not take any action to prevent the error from happening again in the future. To learn more, read “Startling Report Reveals Lack of Oversight, Action on Preventable Medical Errors.”
PA
About the… [read post]
4 Jan 2012, 12:46 pm
By Rick Shapiro, Virginia Medical Malpractice Lawyer
An attorney with the Shapiro, Lewis & Appleton law firm has published an article about cut ureter injuries and the potentially life-altering consequences of having a surgeon carelessly make this error. To learn more, check out “Ureter Injury From Laparoscopic Surgery Can Have Serious Consequences.”
PA
About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis & Appleton include medical and surgical malpractice lawyers… [read post]
29 Dec 2010, 5:14 am
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As a Memphis, Tennessee medical malpractice lawyer, we wanted to report on the following article and advise we are available to discuss the facts of your case with you.
While not within the states of Tennessee, Mississippi or Arkansas related to medical malpractice, there are two items in the news relating to medical malpractice lawyers. The Arizona Republic (12/29) reports, “Hospitals can call a preferred private… [read post]
10 Oct 2010, 6:56 pm
Florida’s medical malpractice liability insurers have been profiting for the past 6 years. New liability companies apparently can’t wait to write medical malpractice “products” there. Here is the News Press’s take on how robust Florida’s market for medical liability insurance has become.
And as Alan Belsky points out in in his firm’s blawg, Maryland Malpractice Lawyer, this comfort level for the insurance companies is not confined to Florida. In Pennsylvania, a… [read post]
18 Mar 2013, 1:36 pm
Distracted driving is extremely dangerous. Indeed, according to the National Safety Council’s Transportation Safety Group, the top cause of automobile accidents is distracted driving. The organization found that distraction was a causal factor in approximately 80 percent of all car crashes.
Those accidents have tragic consequences. According to data from the U.S. Department of Transportation, there were 3,331 fatalities in distraction-related motor vehicle accidents in 2011, an increase… [read post]
4 Dec 2010, 12:33 pm
FREE CONSULTATION, CALL TOLL FREE 1-800-632-1404
DO NOT DELAY. ACT TODAY.
USA Today (11/19) editorializes, “If a 747 jetliner crashed every day, killing all 500 people aboard, there would be a national uproar over aviation safety and an all-out mobilization to fix the problem.” However, “in the nation’s hospitals…about the same number of people die on average every day from medical ‘adverse events,’ many of them preventable errors, such as infections or incorrect medications.… [read post]
20 Mar 2013, 1:39 pm
Personal injury lawsuits, in which the wrongful action of a person or entity is alleged to cause injury to another’s person or property, account for a large portion of civil litigation in the United States. Personal injury lawsuits are commonly filed over automobile collisions, workplace accidents, medical malpractice or defective products.
According to data from the National Center for Health Statistics, there are more than 31 million injuries requiring the care of a doctor each year in the… [read post]
4 Feb 2010, 10:35 am
Today, the Illinois Supreme Court handed down a ruling in favor of patients and victims of medical malpractice throughout the state. According to a press release issued by the Illinois Trial Lawyers Association, the Court ruled that medical malpractice caps are unconstitutional in a lawsuit about a young girl who suffered a significant brain injury due to medical negligence. ITLA president, Peter J. Flowers, applauded the Court’s decision, noting it will shift the focus to “meaningful… [read post]
7 Jul 2011, 1:17 pm
By John Cooper, Virginia Medical Malpractice Lawyer
Far too many attorneys and law firms advertise that they handle medical malpractice and surgical error cases when they actually don’t. Their strategy is simple: Get the cases, then send them off to a legit Virginia medical negligence lawyer. But how can you tell if a medical malpractice lawyer is legit? First and foremost, ask them if they’ve actually taken a doctor mistake case all the way to court and through to a jury verdict. You’d be… [read post]
29 Feb 2012, 12:07 pm
If you are a patient at a hospital, don't you think you should have the right to know whether anything bad happened to you while you were there? For years, health care providers in Florida were able to withhold records from a patient that were created as a direct result of an adverse medical incident (when bad things happen) that occurred during that patient's care. In 2004, Floridians overwhelmingly voted against this practice, amending the State Constitution to give patients the right to access… [read post]
12 Apr 2013, 2:18 am
Medical malpractice can result in many types of birth injuries, with one of the most common being complications from hyperbilirubinemia, otherwise known as jaundice. Jaundice is usually treated easily, but if it is not properly diagnosed and treated, it can lead to other birth injuries, such as brain damage or loss of hearing.
Jaundice is caused by too much bilirubin in the blood. When old blood cells are broken down, bilirubin is a waste product. In a healthy adult, bilirubin is eliminated by… [read post]
4 Jun 2012, 5:46 am
[Photo Caption: Jennifer Blunt plays with 3-year-old daughter, Sofia, who acquired cerebral palsy shortly after her birth. (Photo Courtesy of the San Luis Obispo Tribune)]
A San Luis Obispo, Calif., jury recently awarded a couple $74 million after deciding their doctor was negligent in delivering their daughter, who developed cerebral palsy.
According to the San Luis Obispo Tribune, Sofia Blunt was born on April 19, 2009, after a harrowing delivery involving a… [read post]
15 Mar 2013, 1:36 pm
The past year saw several juries award plaintiffs large sums in personal injury cases. Here are the three largest awards of 2012, as reported by Bloomberg News.
The largest personal injury verdict of the year was for $900 million, which included $700 million in punitive damages. In Webb v. Trans Healthcare Inc., the plaintiff was a resident at a nursing home operated by the defendant. He claimed to have suffered numerous injuries, including multiple infections and large bedsores.
The complaint… [read post]
16 Aug 2011, 12:13 pm
As previously reported here, Staff Sargent Adam Cloer had filed a medical malpractice suit after doctor’s failed to diagnose his wife’s rectal cancer, even though she presented with the typical symptoms. The case had been settled, but only now are the details coming out.
While pending the signature of the US Attorney General, the claim has been settled for $2.15 million and the Staff Sargent was able to file the claim because of a loop-hole in the Feres Doctrine, which typically prevents… [read post]
22 Mar 2013, 3:21 pm
By Jim Lewis, North Carolina (NC) Medical Malpractice Lawyer
A family from Taylorsville, North Carolina (NC) took the state to the Supreme Court when state officials placed a lien for $933,333.33 on the family’s $2.8 million medical malpractice settlement. To find out the Supreme Court’s ruling follow the link to “Supreme Court Rules Against N.C. Claim of Malpractice Settlement”.
About the Editors: The VA-NC medical malpractice attorneys at Shapiro, Lewis, Appleton &… [read post]