A Massachusetts appellate court ordered a new trial after the trial court had granted a doctor’s motion for a directed verdict in a medical malpractice case. Classic malpractice case. Patient goes to an ear, nose and throat (ENT) specialist who diagnoses a voice disturbance and reflux esophagitis. Patient gets speech…
The Maryland high court provides a good look at just how complicated the implications of joint tortfeasor releases can be in Hashmi v. Bennett, a medical malpractice case filed against Good Samaritan Hospital of Maryland and a number of other medical providers. Plaintiffs’ filed a medical malpractice survival action/wrongful death…
The Washington Supreme Court unanimously (9-0) threw out a 2006 law that requires an injured patient to get a certificate of merit from an expert before suing for medical malpractice, finding that RCW 7.70.150, usurped the judicial branch’s power to determine the procedures by which courts adjudicate medical malpractice lawsuits.…
Four jurors who helped decide one of Tennessee’s largest medical malpractice lawsuits are claiming they felt coerced into finding the gastroenterologist at fault for Plaintiff’s injuries. This sad case involved a relatively simple procedure – a colonoscopy and endoscopy – on a 33-year-old woman. A day later, complications from the…
The Illinois Medical Malpractice Blog has a post with a link to a Miami Herald article on a 12-year-old boy who died of serotonin syndrome. The mother of the boy filed a wrongful death and medical malpractice lawsuit last week in Miami-Dade circuit court, claiming the child’s psychiatrist, and the…
The Maryland Injury Lawyer Blog wrote a post on Friday that analyzes a new 34 page Maryland Court of Special Appeals opinion fee dispute between a referring lawyer and the Maryland malpractice lawyer to whom he referred a failure to diagnose cancer case. The case sheds interesting light on the…
A recent Jury Verdict Research study looking at cancer injuries involving negligence found that the average compensatory award is $4,147,526 (median is $2,052,500). Most of these cancer cases involve medical malpractice lawsuits for the failure to diagnose cancer. One medical malpractice study found that 12% of the time, cancer is…
A Sand Diego jury has awarded $3.7 million to a man who sued a doctor for failing to diagnose the iron-overload disease hemochromatosis. Plaintiff went to his workers’ compensation doctor who found increased ferritin in his blood, an indication of hemochromatosis. No diagnosis was made. Three years later, they were…
Medical Malpractice Law News provides a list of 28 things that should never happen in a hospital. These are a list of medical events that should not happen in the absence of negligence. Of course, many of these adverse events listed could happen in the absence of medical or hospital…