Recent Blog Posts
Court Reviews Standard of Care in Birth Injury Lawsuit Alleging Cerebral Palsy Caused by Nursing Errors
The parents of a child born in severe respiratory distress, who now suffers from cerebral palsy, sued the hospital, claiming vicarious liability for an obstetric nurse’s negligence. They alleged multiple breaches of the nursing standard of care. After a jury ruled against the plaintiffs, the state supreme court considered the sole issue of whether… Read More »
Medical Malpractice Lawsuit Against Cardiologist Claims Inadequate Treatment Caused Plaintiff’s Heart Attack
A medical malpractice lawsuit filed by a man and his wife claims that a cardiologist breached the standard of care, which resulted in a disabling heart attack. The lead plaintiff (hereinafter the “plaintiff”) in Mastropierro v. Hutchinson, filed in the 24th District Court of Orleans Parish, Louisiana, claims that the defendant treated him for… Read More »
Hospital Performed C-Section Against Patient
A mother is suing the hospital where her third child was born, as well as two doctors and their medical practices, claiming that they performed a cesarean section, or c-section, to deliver her third child against her express wishes. She had given birth to her first two children via c-section, but wanted to deliver… Read More »
Family Sues Hospital, Claiming Doctor’s Misdiagnosis Resulted in Death of Child
The parents of a six-year-old boy who died after receiving treatment in an emergency room have filed suit for medical malpractice and wrongful death against the hospital, the treating physician, and the physician’s employer. The child was reportedly taken to the emergency room for a playground injury. He was discharged with a diagnosis of… Read More »
Birth Injury Lawsuit Involving Incarcerated Mother Alleges Medical Malpractice Against Federal and County Governments, County Officials
A federal district judge denied most of a motion to dismiss brought by several defendants in a birth injury lawsuit filed by the father of a child born with cerebral palsy and other severe injuries. The lawsuit alleged that physicians and nurses employed by the government were negligent in the treatment of the child’s… Read More »
Former Professional Football Players Allege Negligent Use of Painkillers in Lawsuit Against NFL
Nine former professional football players have filed a class action lawsuit against the National Football League (NFL) for medical monitoring, negligence per se, and other claims. Their amended complaint, filed in the United States District Court for the Northern District of California in early June 2014, describes extensive use of painkillers by the league… Read More »
Success of Birth Injury Lawsuits Against State Agencies Depend on Governmental Immunity Laws
The laws governing birth injury and other medical malpractice lawsuits vary widely from state to state, but every state in the country, as well as the federal government, follows the doctrine of “sovereign immunity.” This rule prohibits lawsuits against the state, unless the state consents to liability on specific issues. For medical malpractice and… Read More »
Lawsuits Accuse Neurosurgeon of Gross Negligence, Challenge State Statute Limiting Hospital Liability for Medical Malpractice
A series of lawsuits allege that a neurosurgeon botched multiple surgeries, causing debilitating and sometimes fatal injuries. The lawsuits also seek to hold the Plano, Texas hospital that employed the doctor liable, but a state law stands in the plaintiffs’ way. The so-called hospital shield law, enacted in Texas in 2003 as part of… Read More »
Plaintiffs in Birth Injury Lawsuit Claim Trial Court Erred by Not Vacating Verdict in Defendants’ Favor
An appellate court in Knoxville, Tennessee considered a family’s claim that the trial court erred by denying their motion for new trial. The family alleged that the trial court failed to perform its duty to act as “the thirteenth juror” when reviewing the evidence. Under Tennessee law, a trial court has a duty to… Read More »
Jury Awards $7.5 Million in Medical Malpractice Alleging Nursing Errors Causing Permanent Spinal Damage
A jury awarded $7.5 million to the plaintiff and his wife in a medical malpractice lawsuit. The plaintiff claimed that staff at Brookwood Medical Center (BMC) in Birmingham, Alabama failed to communicate changes in his condition during an overnight stay to doctors, resulting in the need for emergency surgery the following day. The staff’s… Read More »
