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The Legal Intelligencer

Gauze in Patient's Nasal Cavity Was From Prior Surgery: Defense

On Nov. 8, 2016, plaintiff Kimberly Janney, 51, underwent a septoplasty and surgical removal of a dorsal cartilage graft. Plastic surgeon Lori Cherup performed the procedure at Ohio Valley Hospital. In October 2017, Janney removed a foreign body from the top portion of her face. She believed the foreign body was a piece of surgical material that Cherup had used during the operation. Janney claimed this foreign body left her with permanent injuries.
4 minute read

Daily Report Online

'My Clients Are Devastated': Court Holds Staffing Agencies Not Liable for Licensed Health Care Practitioners' Credentials

The plaintiff-appellants indicated that they are considering filing a motion for reconsideration or an application for certiorari with the Supreme Court.
4 minute read

The Legal Intelligencer

Jury Returns $2.5M Award Against Health Care Providers for Allegedly Failing to Prevent Blood Clot After Surgery

"I am extremely happy for the family of Mrs. Koesterer. The verdict vindicated their feelings that the life of their mother, who was age 86, was worth more them a nominal sum. It seems to dispel the insurance industry myth that the life of an elderly person is minimal and confirms that no matter the age, all lives are precious," said the plaintiff's attorney, Thomas Sacchetta of Sacchetta & Baldino.
6 minute read

Daily Business Review

Florida Closes Dangerous Brazilian Butt Lift Malpractice Loophole

Many adverse incidents stem from surgeries conducted by incompetent doctors operating out of their own facilities. Alarmingly, the vast majority of these practitioners and their clinics do not carry malpractice insurance.
5 minute read

Daily Report Online

Small Venue, Big Outcome: 'Conservative' Rural Jury Returns $10M Verdict After Father's Wrongful Death

"With prejudgment interest and a 9-11-68 offer, the judgment could end up around $14.5 million," said Matthew Cathey of Cathey & Strain in Cornelia.
8 minute read

Law.com

Magistrate Judge Sides With County Defendants in Inmate's Claims in Failure to Treat Hepatitis C

According to the summary judgment motion, Russell is entitled to qualified immunity because "no reasonable person in her position would have known" that her actions in monitoring Connell's Hepatitis C and treating symptoms would have constituted a violation of "some clearly established right" of the plaintiff.
4 minute read

New York Law Journal

Recent Appellate Decisions on Discovery

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.
12 minute read

Texas Lawyer

Texas Supreme Court Puts Onus on Medical Profession, Upholds Anti-Abortion Law

Despite evidence that Texas doctors delay medically necessary abortions until the mother's life is at imminent risk of death or loss of major organ function, the court held the anti-abortion law provides doctors with sufficient discretion.
4 minute read

New York Law Journal

Westchester Jury Delivers $23.3M Med Mal Verdict Against Medical Center for Patient Death

A jury has found Westchester Medical Center owes $23.3 million for failing to prevent a man being treated for a traumatic brain injury from suffering…
3 minute read

New York Law Journal

Vicarious Liability of the Defendant Physician

Over the course of discovery in a complex medical malpractice case, it is expected that issues will arise as to the doctor's vicarious liability for others involved in the patient's care. Knowing where the distinctions are drawn will be helpful to the defense of your physician client.
9 minute read

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