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…
Articles Posted in Medical Malpractice
Cap on Noneconomic Damages Violates State Equal Protection Clause, According to Florida Supreme Court
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…
Hospital Failed to Provide Adequate Supervision of Patient, According to Wrongful Death Lawsuit Brought by Family
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…
Maryland Medical Malpractice Law Requires Plaintiff to Return to Arbitration Office After Dismissal for Deficient Expert Certificate, According to Court
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…
Data Suggest That Noneconomic Damage Caps Do Not Reduce the Cost of Healthcare, While Maryland Courts Continue to Affirm Their Constitutionality
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…
U.S. Court of Appeals Decision Affirms Necessity of Certification in Medical Malpractice Claims
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 Accuse Neurosurgeon of Malpractice Following Nerve and Other Injuries
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…
Overuse of Cardiac Stents Associated with Serious Injuries and Death
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…
Father Files Lawsuit Following Daughter’s Purported Liposuction Surgery Related Death
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…
Surgery on Wrong Side of Woman’s Brain Prompts Malpractice Suit
A medical malpractice lawsuit was filed recently against a St. Lois hospital and neurosurgeon, by the family of a woman alleging that the defendants operated on the wrong side of her brain and skull. According to the complaint, the patient, was scheduled for a “left-sided craniotomy bypass.” Instead, the suit…