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Category Archives: Articles

Maryland Appellate Court Rules that Jury Should Have Heard Testimony of Pharmacist Regarding Informed Consent in Wrongful Death Case

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

The Maryland Court of Special Appeals reversed a circuit court’s verdict in favor of the defendant in a medical malpractice and wrongful death case, finding that the lower court’s exclusion of the plaintiff’s expert witness prejudiced their case. Fusco v. Shannon, 63 A.3d 145 (Md. Spec. App. 2013). The plaintiffs alleged that the defendant… Read More »

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Fourth Circuit Finds Medical Malpractice Certification Required for Failure to Supervise Claim Against Hospital

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

The Fourth Circuit Court of Appeals affirmed a lower court’s order dismissing a woman’s lawsuit against the United States for injuries sustained by her father in a North Carolina Veterans’ Affairs (VA) Hospital. The court’s opinion in Littlepaige v. United States held that the plaintiff did not follow the required administrative procedures for obtaining… Read More »

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Texas Family’s Newborn Daughter Dies After Misuse of Forceps During Delivery

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

Recently, a family in Texas experienced a tragedy when their newborn daughter died five days after her birth, allegedly due to the misuse of forceps by the doctor involved in her delivery. The baby’s mother claims that she had a normal pregnancy and that the baby’s fatal injury did not occur until the birth…. Read More »

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Ohio Resident Sues Federal Hospital, Claiming Botched Episiotomy Ruined Her Opera Career

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

An Army wife recently filed a medical malpractice lawsuit against the federal government, claiming that the government hospital staff who delivered her child botched an episiotomy, and as a result harmed her career as an opera singer. Amy Herbst claims that back in February 2012, the nurse-midwife at Blanchfield Army Community Hospital at Fort… Read More »

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Misdiagnosis is the Leading Cause of Medical Malpractice Claims and May Contribute to Up to 40,000 Annual Hospital Deaths, According to Studies

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

Misdiagnosis is the leading cause of payouts in medical malpractice claims, according to a recent study. It may also be the cause of, or a substantial factor in, more than 40,000 deaths in hospitals nationwide every year. A misdiagnosis may occur when a doctor or other medical professional makes an incomplete or inaccurate diagnosis,… Read More »

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New Report Finds That Male Babies Are More Likely to Be Born Premature Than Females

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

A new report, based on a series of international studies, finds that boys are just slightly more likely to be born prematurely than girls, and also tend to have worse outcomes. This was true regardless of the country of their birth. While the difference between boys and girls is not large – for instance,… Read More »

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West Virginia Hospital Settles Birth Injury Case for Confidential Amount

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

Recently, a lawsuit against St. Mary’s Medical Center in Huntington, West Virginia was confidentially settled and dismissed from federal court. The case involved an infant who was allegedly injured during delivery. The situation began back in August 2011, when Kayla Christy was in labor and admitted to the hospital. Nursing employees of United Health… Read More »

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Texas Military Hospital Agrees to $6.5 Million Settlement for Birth Injury Lawsuit

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

A military hospital at Fort Hood, Texas recently settled a birth injury lawsuit for $6.5 million. The case involved a brain injury that the parents claimed could have been avoided if the hospital employees had responded sooner. The situation began in September 2008, when Kassie Rivera was pregnant with her and Higinio Rivera’s first… Read More »

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Lawsuit Alleges Medical Neglect by Private Prison Company

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

A federal lawsuit by a prison inmate claims that prison officials denied her adequate medical care. Lester v. Hickson, et al, No. 1:13-cv-01118, complaint (D.N.M., Nov. 20, 2013). The case also demonstrates how medical malpractice can intersect with civil and constitutional rights. Medical professionals must maintain the same standard of care for inmates. When… Read More »

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New Study Significantly Increases the Estimated Number of Annual Deaths Involving Hospital Errors

By Wais, Vogelstein, Forman, Koch & Norman, LLC |

When people go to the hospital, whether for routine care or an emergency situation, they unfortunately face more risks than just the injury or condition that brought them there. Medical mistakes contribute to a substantial number of injuries and deaths in the U.S., but definitive numbers are very difficult to establish. A recently-published series… Read More »

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