In a truly disturbing case out of John Hopkins, a gynecologist was found to have videotaped the last 25 years of patient gynecological exams. According to a recent article by Bustle.com, roughly 9,000 former patients joined a class action lawsuit, suing the doctor for malpractice. Evidently, that lawsuit has just…
An opera singer has filed suit against the U.S. government, alleging medical malpractice at a U.S. Army hospital. Herbst v. United States, No. 1:14-cv-00055, complaint (S.D. Oh., Jan. 16, 2014). She is claiming that a botched surgical procedure during childbirth has left her unable to work in her profession. Since…
Caps on noneconomic damages, enacted in many states under the banner of “tort reform,” have brought uncertain results. While the stated purpose is to prevent litigation from driving up the cost of medical care, damage caps often lead in practice to injustice for victims of medical malpractice. A family in…
A Texas hospital failed to supervise a man known to have mental health problems, resulting in the man’s death, according to a lawsuit filed by the man’s family. Martinez, et al v. Oak Bend Medical Group, et al, No. 14-DCV-212068, 2nd am. pet. (Tex. Dist. Ct., Ft. Bend Co., March…
A plaintiff alleging medical malpractice must submit a claim for arbitration to a state office before filing a lawsuit. A certificate and report from a qualified expert is also required. Any deficiency in these documents may be grounds for dismissal of the case, but the statute that requires dismissal does…
Maryland state law imposes a cap on noneconomic damages in all personal injury and wrongful death cases. This applies to “nonpecuniary” damages like pain and suffering, mental anguish, disfigurement, physical impairment, and loss of consortium. MD Cts & Jud Pro Code §§ 3-2A-01(h), 11-108(a)(2). Advocates of damage caps, commonly known…
The U.S. Court of Appeals for the 4th Circuit recently made a decision that, while technically routine, has a substantial impact on the individual plaintiff. The case, LITTLEPAIGE v. U.S., Ct. App. 4th Cir. (2013), was based on the alleged negligence in the care the plaintiff’s husband received at a…
Two lawsuits were filed in recent months alleging that a Texas neurosurgeon caused two patients to suffer serious injuries following the surgeries that he performed on them. The first lawsuit, which was filed in June, stated that the doctor was supposed to perform a specialized procedure on the plaintiff, but…
Patients and state regulatory boards alike are beginning to bring awareness to and concern over the alleged “binge”-like use of unnecessary coronary stents in the treatment of cardiac conditions. In one case, a man received a total of 21 coronary stents over a period of eight months. In one procedure…
A man recently filed a lawsuit against a surgeon, a cosmetic surgery company, and its parent company, on behalf of his daughter whom he claims died following a liposuction procedure at the facility. The suit claims that the woman died following the procedure in which the surgeon purportedly anesthetized by…