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Articles Posted in Medical Malpractice

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State Supreme Court Affirms Exclusion of Expert Testimony in Medical Malpractice Lawsuit, Failing Under Rules of Evidence

In this medical malpractice lawsuit, the state supreme court of Utah affirmed the decision of the court of appeals, which affirmed the judgment of the district court excluding the plaintiff’s proximate cause expert’s testimony. The state high court held that the district court did not err. Richard and Deanne Taylor’s…

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State Supreme Court Affirms $2.3 Million Jury Verdict for Delay in Sending Patient to Hospital Following Knee Replacement Surgery

At issue in this case, which ended in the Idaho Supreme Court, was whether the jury’s verdict would stand. A medical malpractice lawsuit was brought by Leila Brauner against AHC of Boise d/b/a Aspen Transitional Rehab (Aspen). The lawsuit arose out of Aspen’s delay in sending Brauner to the hospital…

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State Appellate Court Reverses Dismissal of Misdiagnosis of Multiple Sclerosis Lawsuit

A Mississippi State Appellate Court has reversed a dismissal of a lawsuit that claimed the defendant physician, Dr. Terry Millette, misdiagnosed Debra Green as having multiple sclerosis (MS). As the lawsuit was filed after the applicable state’s one-year limitation, the defendant moved to dismiss, which was granted by the trial…

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$1.25 Million Jury Verdict for Negligence in Laparoscopic Cholecystectomy

Ms. Doe, 52, went to a hospital emergency room complaining of abdominal pain. She underwent an ultrasound and was diagnosed as having gallstones. Dr. Roe, a general surgeon, performed a laparoscopic cholecystectomy, during which the doctor encountered an unusual amount of bleeding. The surgeon converted to an open procedure where…

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$14.24 Million Jury Verdict Affirmed, Finding Expert Testimony on Life Care Planning Was Admissible

Vincent Lowe brought this medical malpractice lawsuit in the Circuit Court of Franklin County, Mo., against Bryan J. Menges, D.O. and James D. Cassat, M.D. and their employers, Mercy Hospital East Communities (“Mercy Hospital”) and Mercy Clinic East Community (“Mercy Clinic”). In the lawsuit, they alleged that as a result…

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$950,000 Settlement in Wrongful Death Caused by Failure to Diagnose and Treat Bowel Perforation

Doe was 32 when he was taken to Roe Hospital’s emergency room suffering from abdominal distention, constipation and discomfort. There were a large number of patients in the emergency room at the time Doe came in. In the emergency department, Mr. Doe was brought to a hallway because of the…

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$10 Million Jury Verdict for Permanent Deformity to Two-Year-Old Child’s Right Arm

Then 2-year-old Doe was taken to a children’s hospital after suffering a fall. A pediatric resident, Dr. James Prosser, set Doe’s fractured right arm and placed a cast on the arm. Later that day, Doe was returned to the hospital, where another physician examined him again and discharged him. Doe’s…

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Jury Awards Large Payment to Brain-Damaged Woman in New York

Often we hear about large awards paid to patients who were injured in hospitals or other health care facilities. An unusually large award was announced in the case of a brain-damaged woman. It is something of a landmark award because of the amount of money involved. The city announced it…

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Illinois Appellate Court Affirms Defendant-Physician’s Motion for Directed Verdict in Medical Malpractice Case

The Illinois Appellate Court rejected a claim by the plaintiff, Ludgardo R. Castillo, that expert testimony was required only to establish the applicable standard of care. Also, the trial court did not err in indicating to Castillo that she would have to pay money to the defendant to reimburse defense…

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$3.5 Million Jury Verdict for Patient Death Where Medical Center Failed to Notify Patient’s Emergency Contact Before Discharge

David Scheer, the father of Matthew Scheer, drove his son to the emergency room at Grand Strand Regional Medical Center because David noticed that his son had added some disturbing posts on social media. Matthew was 26 at the time. He was also suffering from auditory and visual hallucinations. Matthew…

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