Category Archives: Articles
State Supreme Court Sides With Plaintiff and Allows Malpractice Claim to Proceed
In an opinion recently released by the Vermont Supreme Court, the court reversed the lower court’s decision to throw out a plaintiff’s case. The plaintiff chose to have the defendant, an eye doctor, perform a routine and elective cataract removal surgery in his eye, after which he alleged that the defendant committed medical malpractice… Read More »
Burgeoning Obesity Rates Among Expectant Mothers Have Resulted in More C-Sections and an Increase in Birth Injuries
Recently reported statistics from a California study show that many mothers are receiving unnecessary cesarean sections when giving birth, and the data suggest that both infants and mothers are put at an increased risk of injury as a result. According to a public radio report discussing the study, the rate of cesarean births has… Read More »
Plaintiff’s Failure to Diligently Pursue Medical Malpractice Case Leads to Dismissal
Earlier this month, the Supreme Court of Mississippi decided a case against a medical malpractice plaintiff, determining that the plaintiff’s failure to bring the case until after the statute of limitations had passed resulted in the plaintiff losing his right to bring the case altogether. In the case, Thornhill v. Ingram, the plaintiff was… Read More »
Declining Cesarean Section Rates May Be Causing an Increase in Birth Injuries
A recently published news article has reported on the interesting assertion that a decline in the rate of births that are performed by cesarean section has resulted in an increase in the number of birth injuries suffered by both mothers and newborn babies. According to the report, primary reasons for the decline in the… Read More »
Widow Sues Hospitals After Her Husband Was Incorrectly Declared Dead
A woman from upstate New York has filed a medical malpractice suit against two Buffalo hospitals, based on the circumstances surrounding the October 2014 death of her husband. According to a local news source, the man suffered an apparent heart attack while shopping with his wife and was rushed to a hospital, operated by… Read More »
Georgia Rules Obstetrician Unqualified to Testify in Support of Certified Nurse Midwife
The Georgia Tort Reform Act of 2005, which was vigorously endorsed by health care providers and health insurance companies in Georgia in part to make it more difficult for injured persons to bring medical malpractice suits, backfired against those endorsers with the Georgia Supreme Court’s recent decision in Hankla v. Postell. Anita Postell filed… Read More »
Woman’s Birth Injury Claim Rejected After Judge Finds Alternate Causes for Injuries to Newborn Child
A decision was recently handed down in a birth injury case that rejected the plaintiff’s claim and will possibly result in her being held responsible for the legal fees incurred by the defendant in defending the claim. The court reasoned that there were alternate causes for the injury that were noticed after the baby… Read More »
Federal Appellate Court Allows Medical Malpractice Plaintiff’s Case to Continue Without Expert Testimony
Earlier this month, the Fifth Circuit Court of Appeals released a decision allowing a medical malpractice plaintiff to continue on with her case despite the fact that she did not present expert testimony validating her claim. In the case, Bush v. United States, the plaintiff lost her husband shortly after he had a Left… Read More »
State Court of Appeals Upholds Jury Verdict in Birth Injury Case
The Wisconsin Court of Appeals released a decision this summer in the birth injury case of Seifert v. Balink, affirming the jury’s award of damages to a family after a medical malpractice trial. The jury decided that the family should be compensated for injuries suffered by the child as a result of the defendant’s… Read More »
Widow Sues Veteran’s Hospital, Claims Negligently Prescribed Medication Resulted in Husband’s Death
A Georgia woman has recently filed a medical malpractice lawsuit against Charlie Norwood Veterans Affairs Medical Center in Augusta, Georgia, blaming the hospital for her husband’s death. According to a local news article, the plaintiff’s husband was a U.S. military veteran and had been previously diagnosed with serious kidney problems when he went to… Read More »
