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Month: May 2022

Medical Malpractice May Have Been Erroneously Viewed As Ordinary Negligence

The Massachusetts Appeals Court vacated an interlocutory order and instructed a trial judge to take another look at a complaint filed against Winchester Hospital, finding that the judge initially erred in viewing the matter as one alleging ordinary negligence rather than medical malpractice…law.com, Appellate Court: Trial Judge Erroneously Viewed Med-Mal Suit as Ordinary Negligence Claim, Citing Improper Notice? May 2022

Appellate Court Sides With UConn Hospital in Wrongful Death Suit, Citing Improper Notice

The Connecticut Court of Appeals sided with UConn Health’s John Dempsey Hospital last week, finding the trial court ”broadly construed” that the plaintiff’s initial notice to sue in his individual capacity did not include permission to sue on behalf of a decedent’s estate…law.com, Appellate Court Sides With UConn Hospital in Wrongful Death Suit, Citing Improper Notice? May 2022

Telemedicine: What Does It Mean for Med Mal Litigation?

Although in-person visits have slowly begun rebounding to pre-pandemic levels, and some measures that expanded access to telemedicine during the pandemic have ended, it is anticipated that increased use of telemedicine will continue. The American Medical Association has stated that telehealth is a critical part of the future of health care…law.com, Telemedicine in the Era of COVID-19: What Does It Mean for Med Mal Litigation? Jeffrey Krawitz and Michael Ksiazek, May 2022

Doctor Must Pay $1.3M for Patient’s Cancer

Plunkard, 46, of Brunswick, Md., claimed in her lawsuit that Marks should have discovered her cancer in January 2016 at a time when it could have been remedied by way of a simple surgery…law.com, pennlive.com, Federal jury awards $1.3M to terminally ill woman who claimed doctor misdiagnosed her cancer, Matt Miller, Apr 22

18-Inch Sponge Left in Stomach for 5 Years

Carolyn Boerste underwent aortobifemoral bypass surgery at University of Louisville Hospital In March 2011 to improve circulation in her lower extremities. During the surgery, performed by Marvin Morris, MD, the surgical team left a laparotomy sponge in Boerste’s abdomen…medscape.com, Lawsuit: 18-Inch Sponge Left in Stomach for 5 Years; Migrates Internally, Alicia Gallegos, Mar 2022

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