Oklahoma tort reform law declared unconstitutional 
Published: June 10, 2013
Tags: medical malpractice, nursing home litigation, tort reform
A state tort reform law requiring a certificate of merit in professional negligence cases was enacted in violation of the state constitution’s single-subject rule, the Oklahoma Supreme Court has ruled in reversing the dismissal of a wrongful death suit.
Maryland jury awards $15.6M in birth injury case
By:
Steve Lash
Published: June 6, 2013
Tags: brain damage, medical malpractice, prenatal care
A Maryland jury has awarded more than $15.6 million to the family of an 11-year-old girl who was born with severe brain damage as a result of botched prenatal care at Prince George’s Hospital Center.
Hospital may be liable for discharging pregnant patient
Published: June 3, 2013
Tags: Emergency Medical Treatment and Active Labor Act, EMTALA, medical malpractice
A pregnant woman whose child died after the mother was being discharged from a hospital’s emergency room had a viable claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), the 1st U.S. Circuit Court of Appeals has ruled in reversing judgment.
Med-mal plaintiff can’t use HIPAA to pierce privilege
Published: May 29, 2013
Tags: attorney-client privilege, Discovery, Health Insurance Portability and Accountability Act, HIPAA, medical malpractice, work product
A medical malpractice plaintiff did not have a right under the Health Insurance Portability and Accountability Act to the production of transcripts of ex parte physician interviews conducted by defense counsel, the Georgia Supreme Court has ruled in reversing a discovery order.
Elder abuse liability extends to doctors’ outpatient care
Published: May 29, 2013
Tags: elder abuse, medical malpractice
Doctors could be liable under state elder abuse law for allegedly failing to refer a patient to a vascular specialist before she developed gangrene in her foot that resulted in amputation and death, the California Court of Appeal has ruled in reversing a dismissal.
Florida compensation limit for birth injuries constitutional
Published: May 20, 2013
Tags: birth injury, equal protection, medical malpractice
A state tort reform law allowing only a single award of $100,000 to both parents of a child suffering from neurological birth injuries does not violate equal protection, the Florida Supreme Court has ruled in affirming judgment.
N.Y. attorney wrests $130M verdict from jaws of defeat
By:
Pat Murphy
Published: May 14, 2013
Tags: birth injuries, cerebral palsy, medical malpractice
New York defense attorneys were having a good laugh back in 2009. The snickering was over the story of a well-known medical malpractice lawyer who lost his case after turning down an $8 million settlement offer.
But no one’s laughing now.
Report: ‘Alarm fatigue’ resulting in hospital deaths
Published: April 22, 2013
Tags: alarm fatigue, Joint Commission, medical malpractice
There were at least 80 patient deaths in recent years related to the failure of doctors and nurses to detect or respond adequately to medical device alarms, according to a new report by a health care industry watchdog.
Med-mal suit couldn’t be based on failure to report child abuse
Published: April 11, 2013
Tags: child abuse reporting, Federal Tort Claims Act, medical malpractice
A medical malpractice suit could not be based on the alleged failure of healthcare professionals to report suspected child abuse, the 10th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.
Medicaid preemption ruling nixes one-size-fits-all state liens
By:
Kimberly Atkins
Published: March 22, 2013
Tags: Medicaid reimbursement, medical malpractice, personal injury, settlements, U.S. Supreme Court
WASHINGTON – Several states will have to revisit their Medicaid reimbursement rules after the U.S. Supreme Court struck down a North Carolina law that set an automatic reimbursement rate for third-party tort awards as preempted by the Medicaid Act.
