A Maryland appeals court recently heard a case involving a medical malpractice claim against a physician and the managed care organization (MCO) of which he was a member. The court held that the actions of the individual physician do not constitute “apparent agency” and thus that the MCO is not…
The U.S. District Court for the District of Maryland granted a defendant hospital’s motion to dismiss a medical malpractice lawsuit, Haskins v. Washington Adventist Hospital, Inc. A woman filed suit as administrator of her late husband’s estate, alleging that inadequate care by hospital personnel caused his death. The court held…
A trial court dismissed a man’s medical malpractice suit against three doctors, ruling that he did not file a certificate of qualified expert (“Certificate”) that comported with state law. The plaintiff in Hinebaugh v. Garrett County Memorial Hospital, et al appealed on both the substance of the dismissal and on…
A woman in Minnesota is suing several registered nurses (RNs) over the death of her son, who died while in the custody of the Minnesota Department of Corrections (MDOC). The lawsuit alleges that a nurse employed by the prison withheld emergency medical care from her son, who had a history…
Police went to the Greenbelt, Maryland home of Lynda Sheppard on the morning of May 26, 2010 with an arrest warrant for her son, Michael Mang. Sheppard had a protection order against her 41 year-old son and had requested a warrant for his arrest, saying he had threatened and assaulted…
An article in a recent issue of General Surgery News, a trade publication for surgeries, examines the impact of medical malpractice litigation on general surgeons and several specialty areas of surgery. The article looks at recent statistics and discusses the merits of fighting malpractice lawsuits versus settling them quickly. It…
A former Massachusetts dentist, Michael Clair, pleaded guilty to Medicaid fraud and a number of other charges stemming from allegations that he used paper clips while performing root canals instead of the stainless steel posts normally used. He will serve one year in jail. Medicaid reportedly suspended the 53 year-old…
Hospitals often refer to tragedies that should not happen in a medical setting as “never events.” These may include patients dying during routine procedures or major medication errors. Saying that they should not happen does not mean that they do not, unfortunately, and few resources are available to track just…
The word “x-ray” may still conjure images of doctors standing before backlit panels reviewing transparent x-ray scans and arguing over diagnoses. This bears little resemblance to the reality of modern x-rays. In a practice known as teleradiology, doctors and hospitals outsource x-rays and similar procedures to companies who may be…
The parents of a 12 year-old boy who died in September 2010 from acute cardiac arrest have filed suit against the school district where the child was enrolled, the child’s P.E. teacher, and two doctors who treated him. The lawsuit alleges negligence against the school district and teacher for failing…