Plaintiff and Wife Awarded 8.5 Million For Failure to Communicate Incidental Finding
A jury in Leigh County awarded $8.5 million in damages to Plaintiff and his wife after finding two St. Luke’s University Health Network doctors failed to properly notify him that a scan showed a potentially cancerous tumor in his bladder. The jury awarded $2 million for past pain and suffering, $6 million for future pain […]
Legal Update-COVID 19
COVID 19 Medical Malpractice Challenges Physicians, medical professionals, and hospital administrations are facing unprecedented times in the age of the COVID-19 pandemic. From overcrowded hospitals, to overworked doctors, to rationing and scarcity of ventilators, COVID-19 presents unique medical challenges. Despite the proliferation of vaccinations, there are still hundreds and thousands of […]
Delayed Diagnosis of Breast Cancer: A Medical Malpractice Challenge
It is estimated that one out of every 71 breast cancer cases are incorrectly diagnosed and 25% of biopsies are misdiagnosed due to error. Delayed diagnosis, or misdiagnosis, of breast cancer is the leading cause (approximately 82% in one study) of breast cancer-related medical malpractice lawsuits. A qualified medical expert will always be necessary when […]
Wisconsin Supreme Court Upholds Alternative Methods Jury Instruction In Medical Malpractice Case
Recently the Supreme Court of Wisconsin (the “Court”), unanimously held that, “[t]he jury was properly given the alternative methods instruction in this case based on the expert testimony introduced at trial.” Barney v. Mickelson, 2020 WI 40 (emphasis added). The Court reversed the court of appeals decision and reinstated the circuit court judgment dismissing the […]
State Governments Move to Grant Doctors MedMal Immunity Amid Coronavirus
State governments are seeking to protect health care workers on the frontline of the global pandemic from coronavirus lawsuits by drafting legislation that bars medical malpractice lawsuits related to the coronavirus. This comes after Health and Human Services Secretary Alexander Azar sent a letter on March 24, 2020 to all state governors, stating, “for health […]
Two Physicians Found at Fault in Death From Flu
In 2009, an 8-year-old girl died from complications caused by the H1N1 influenza virus, which was also known as swine flu. After years of litigation, her family was awarded $8 million in damages. In late August 2009, the child was brought by her mother to a pediatrician. The child’s symptoms were coughing, sneezing, sore throat, […]
Wyoming Court Rules in Favor of Doctor After Alleged Local Anesthesia Error
A court in Wyoming ruled in favor of the defendant in a medical malpractice lawsuit against an anesthesiologist accused of administering local anesthesia incorrectly during an outpatient wrist surgery, resulting in brain damage to the patient. The plaintiff had been seeking $800,000 in damages. In 2015, the plaintiff suffered a […]
South Carolina Supreme Court Rules in Favor of Radiologist
A South Carolina court ruled in favor of a radiologist accused of negligence in his treatment of an infant who was left with complications resulting from the improper placement of an umbilical vein catheter (UVC). The plaintiffs alleged that the radiologist’s failure to notify the treating physician and the medical staff in the neonatal intensive […]
One Expert Per Specialty Doctrine
In April 2018, the Florida Supreme Court ruled in favor of a family whose daughter underwent a kidney transplant at the age of 6. Her primary care pediatrician failed to diagnose the child’s kidney disease in time to halt its progression, resulting in the need for the transplant. The family took the physician to […]