Month: October 2014

The False Hope of Tort Reform: Why this Silver Bullet Misses its Mark
01 oct
The False Hope of Tort Reform: Why this Silver Bullet Misses its Mark

  Proponents push tort reform as a silver bullet that will supposedly reign in medical costs, insurance premiums, and even improve the quality of care by allowing doctors to practice without fear, particularly by decreasing the number of unnecessary tests.  However, the truth is that the impact of medical malpractice suits on health care spending

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Pennsylvania State Supreme Court May Allow ‘Error In Judgment’ In Medical Malpractice Cases
01 oct
Pennsylvania State Supreme Court May Allow ‘Error In Judgment’ In Medical Malpractice Cases

Last week, it was announced that the state Supreme Court of Pennsylvania would discuss whether or not to overturn a law that allows defendants in medical malpractice lawsuits to avoid prosecution based on “error in judgment”. The decision came as Stephen and Nicole Passarello were granted a new trial after their original lawsuit was dismissed

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Hospital Safety Score Developed by Leapfrog Group with Grades A Through F
01 oct
Hospital Safety Score Developed by Leapfrog Group with Grades A Through F

Each year, more than 265,000 people die in the United States from medical accidents. According to the Center for Disease Control (CDC), this is a higher annual death rate than the combined total of stroke and Alzheimer’s deaths. The Leapfrog Group has shown concern for this trend by evaluating the safety of 2,652 hospitals across

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Alabama Man Awarded $5 Million In Medical Malpractice Lawsuit
01 oct
Alabama Man Awarded $5 Million In Medical Malpractice Lawsuit

The son of an Alabama woman who passed away in 2005 from a brain hemorrhage was recently awarded a $5 million judgment after a jury declared that the doctor that had been treating his mother was guilty of negligence. Dr. Frank Gillis had been treating Florine Bryant for atrial fibrillation, which is the most common

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Medical Malpractice Lawsuits Increasing Against New Hampshire Hospital
01 oct
Medical Malpractice Lawsuits Increasing Against New Hampshire Hospital

As many as 24 former patients and one employee of Exeter Hospital in New Hampshire are currently suing or planning to sue the medical treatment facility and its officials for medical malpractice and other charges because they all claim they contracted hepatitis C under the hospital’s care. State officials believe that a greater number of

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New York Medical Malpractice Laws May Discriminate Against Breast Cancer Patients
01 oct
New York Medical Malpractice Laws May Discriminate Against Breast Cancer Patients

Physicians have long recommended that women receive annual mammograms beginning at the age of 40. A mammogram is a diagnostic screening process in which low-energy X-rays are taken of the human breast, male or female. Instances of breast cancer are much more common in women, which is the reason for the annual mammogram recommendation put

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New York City Hospitals Taking Huge Risk Without Medical Malpractice Insurance
01 oct
New York City Hospitals Taking Huge Risk Without Medical Malpractice Insurance

According to a recent article in the New York Times, some of the city’s busiest hospitals are practicing a disturbing new trend when it comes to protecting themselves from mistakes. Many hospitals have reduced the amount of medical malpractice insurance coverage that they pay for, and some facilities are even completely forgoing malpractice insurance. Because

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Jacksonville Man Files Medical Malpractice Lawsuit Over Negligent Cosmetic ‘Mommy Makeover’ Procedure
01 oct
Jacksonville Man Files Medical Malpractice Lawsuit Over Negligent Cosmetic ‘Mommy Makeover’ Procedure

A 38-year old husband and father of two has filed a lawsuit against a Jacksonville area health facility, primary care physician, and plastic surgeon after his 39-year old wife passed away after suffering a blood clot in her lung. According to the Florida Times-Union, David Boon believes that his wife died as the result of

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Michigan Nursing Home Death Raises Questions About Gross Negligence
01 oct
Michigan Nursing Home Death Raises Questions About Gross Negligence

The Special Focus Facilities List is a national registry of nursing homes that are considered to be problem facilities that require monitoring for poor and negligent treatment. The list was created by the Centers for Medicare and Medicaid, and as of 2010, there were at least 126 nursing homes nationwide that qualified for this negative

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West Virginia Family Awarded $90.5 Million In Medical Malpractice Lawsuit
01 oct
West Virginia Family Awarded $90.5 Million In Medical Malpractice Lawsuit

In 2010, Tom Douglas filed a medical malpractice lawsuit against Manor Care Inc., HCR Manor Care Services Inc., Healthcare and Retirement Corp. of America LLC, and Heartland Employment Services LLC as he blamed his mother’s death on the negligence of her nursing home.  Dorothy Douglas was reported to have died from dementia within the weeks

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Maryland Physician Appealing Medical Malpractice Lawsuit Decision
01 oct
Maryland Physician Appealing Medical Malpractice Lawsuit Decision

On September 12, 2008, Arvia Johnson filed a medical malpractice lawsuit against Dr. H. Jeffrey Schwartz in Maryland, contending that the physician had committed negligence in an outpatient colonoscopy surgery. After a 5-day trial, the jury ruled in Johnson’s favor and he was awarded a settlement of $23,791.19 for his medical costs, as well as

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Baltimore Family Earns $55 Million Settlement In Medical Malpractice Lawsuit
01 oct
Baltimore Family Earns $55 Million Settlement In Medical Malpractice Lawsuit

Rebecca Fielding, in agreement with her husband, Enso Martinez, had hoped to give birth to their child at home. However, due to complications and the necessity of a Caesarean section, Fielding was transported via ambulance to the emergency room at Johns Hopkins Hospital in Baltimore. But instead of receiving prompt medical attention and surgery, Fielding

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Pennsylvania Boy Awarded $1.1 Million In Medical Malpractice Lawsuit
01 oct
Pennsylvania Boy Awarded $1.1 Million In Medical Malpractice Lawsuit

A 5-year old Pennsylvania boy was recently awarded $1.1 million in a medical malpractice lawsuit over a surgical procedure that left him with a brain injury. At only 11-months old, Keonte Graham suffered from sleep apnea so badly that his parents took him to Dr. Andrew Shapiro in 2007 for consultation and to find a

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Electronic Health Records Yield Unforeseen Healthcare Safety Failures
01 oct
Electronic Health Records Yield Unforeseen Healthcare Safety Failures

The Centers for Medicare & Medicaid Services (CMS) defines the Electronic Health Record (EHR) system as the electronic version of patient medical history.  Healthcare providers actively maintain and update this record and may also “include all of the key administrative clinical data relevant to that persons care under a particular provider, including demographics, progress notes,

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New York Man Awarded $2.1 Million In Radiology Malpractice Suit
01 oct
New York Man Awarded $2.1 Million In Radiology Malpractice Suit

Errors by radiologists can occur for a number of reasons, from misreading X-rays to poor communication with physicians, and they can result in very serious health complications that can even be life-threatening. In the case of one New York man, an error by a radiologist proved to be life-altering and a jury awarded him $2.1

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Washington Woman Receives $813,000 After Jury Finds Medical Malpractice Caused Her Amputation
01 oct
Washington Woman Receives $813,000 After Jury Finds Medical Malpractice Caused Her Amputation

  In 2004, Spokane resident Darlene Turner visited Dr. Nathan Stime for a physical after she had been feeling considerably ill, and the physician determined that she had terminal cancer. While that news must have been both shocking and horrifying for Turner, it was presumably even more shocking when she learned that Dr. Stime’s diagnosis

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Maryland Family Agrees To Settlement With Anesthesiologist, Oral Surgeon, and Others After Daughter Dies From Brain Injury
01 oct
Maryland Family Agrees To Settlement With Anesthesiologist, Oral Surgeon, and Others After Daughter Dies From Brain Injury

On March 28, 2011, 17-year old Jennifer Olenick underwent a routine wisdom tooth extraction procedure. While that sounds typical and seemingly ordinary, Jennifer wound up entering a coma and dying ten days later. According to the Baltimore Sun, “[a]n autopsy report showed she died because of a lack of oxygen to her brain during surgery.”

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Jury Awards New York Family $130 Million In Cerebral Palsy Medical Malpractice Lawsuit
01 oct
Jury Awards New York Family $130 Million In Cerebral Palsy Medical Malpractice Lawsuit

The family of 10-year-old Shannon Reilly filed a lawsuit against St. Charles Hospital and Rehabilitation Center in Port Jefferson, claiming several of the staff’s mistakes during the delivery of the baby girl in November 2002 led to the development of her cerebral palsy.  Although the family was offered an $8 million settlement in 2009, attorney

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Florida House of Representatives Approves Medical Malpractice Bill
01 oct
Florida House of Representatives Approves Medical Malpractice Bill

Last week, Florida’s House of Representatives approved a business-backed bill that will shift the state’s test for the admissibility of expert witness testimony from the Frye standard to the Daubert standard.  Approximately 28 other states and the federal courts use this tougher standard, which critics say would pose a challenge for patients who pursue medical

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Settlement Reached In St. Joseph’s Unnecessary Stents Case
01 oct
Settlement Reached In St. Joseph’s Unnecessary Stents Case

One of the largest medical malpractice cases in Maryland’s history was settled earlier this month for a confidential amount.  Nearly 250 patients have settled their civil lawsuits against Dr. Mark Midei and Catholic Health Initiatives, the company who owned St. Joseph’s, accusing the cardiologist of implanting unnecessary heart stents in them.  According to The Baltimore

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Georgia Supreme Court Heard Medical Malpractice Case This Week Involving Alleged Improper Testing By An Emergency Room Physician
01 oct
Georgia Supreme Court Heard Medical Malpractice Case This Week Involving Alleged Improper Testing By An Emergency Room Physician

This week, the Georgia Supreme Court heard a medical malpractice case involving the death of 15-year-old Shaquille Johnson.  Shaquille Johnson’s death was caused by blood clots in his lungs, which his attorneys argue were missed due to improper testing. The Albany Herald reports that Thelma and Sheldon Johnson sued the attending emergency room physician, Dr.

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Five Lawsuits Filed In Response to Recently Enacted Florida Medical Malpractice Law
01 oct
Five Lawsuits Filed In Response to Recently Enacted Florida Medical Malpractice Law

A new medical malpractice law in Florida is drawing criticism from many groups who allege the new law violates the privacy rights established in the federal Health Insurance Portability and Accountability Act, Bloomberg Business Week reports. On July 1, the day Senate Bill 1792 went into effect, five trial attorneys filed lawsuits against healthcare providers. 

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Bonita Springs Cardiologist Appealing Malpractice Suit
01 oct
Bonita Springs Cardiologist Appealing Malpractice Suit

Zannos Grekos, a cardiologist whose license was revoked by the Florida State Board of Medicine in April after he was found to have committed medical malpractice following the death of a patient, is appealing his case. The case, Zannos Grekos M.D. v. Department of Health, was filed last month with the First District Court of

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Missouri Man Awarded $6.4 Million in Malpractice Suit
01 oct
Missouri Man Awarded $6.4 Million in Malpractice Suit

Last year, The Missouri Supreme Court struck down a legislative cap set on the amount awardable for “pain and suffering” in medical malpractice suits, ruling that the cap violated a patient’s right to a jury trial, according to the St. Louis Post-Dispatch. The cap was originally set at $350,000 and was established in 2005. Recently,

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Advocacy Group Proposes Lifting CA Medical Malpractice Cap
01 oct
Advocacy Group Proposes Lifting CA Medical Malpractice Cap

The cap for non-economic damages in California medical malpractice cases is set at $250,000, and it’s been that way since the Medical Injury Compensation Reform Act (MICRA) was first passed in 1975. The Consumer Watchdog advocacy group, along with a man whose two children died after a drugged driver crashed into them, wants to lift

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