» medical malpractice

Austin, TX (Law Firm Newswire) February 10, 2017 – Texas has three categories of caps on medical malpractice awards. A number of U.S. states limit damages awarded to victims of medical malpractice. Most of those states only limit what is referred to as non-economic damages, such as disfigurement, mental anguish, and pain and suffering. These non-economic damages are also considered to be subjective damages; meaning financial compensation is based on tastes, opinions or personal feelings. The three categories of medical malpractice damages awarded in wrongful death cases, in Texas, are: · Limits on punitive damages · Limits on total damages […]


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Southfield, MI (Law Firm Newswire) February 9, 2017 – Parents of a newborn daughter with severe brain damage filed a medical malpractice lawsuit alleging negligence in the baby’s delivery. A Pennsylvania hospital and a local doctor had to pay $19.3 million to settle a medical malpractice lawsuit filed by the parents of a brain damaged baby. The settlement agreement set aside $9.05 million in a special account to care for the child and another $2 million was paid to the child’s mother. The lawsuit, filed in 2014, alleged the physician was negligent in delivering the couple’s baby in 2012, by […]


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Tampa, FL (Law Firm Newswire) November 29, 2016 – Limits on the amount of medical malpractice damages have been found unconstitutional by a second Florida appeals court. The Second District Court of Appeal expressed its agreement with the Fourth District’s opinion that a statutory cap on non-economic damages is unconstitutional in both wrongful death and personal injury lawsuits. “It is good news that two appeals courts have found limits on medical malpractice damages to be unconstitutional,” said Robert Joyce, a Tampa medical malpractice attorney with the law firm of Joyce & Reyes. “The amount of compensation that injured people receive […]


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Southfield, MI (Law Firm Newswire) October 11, 2016 – In August 2016, Florida’s Supreme Court ruled a doctor could be sued for medical malpractice for a patient’s suicide. After a Florida woman hanged herself at the age of 55, her husband filed a lawsuit against the family doctor treating her for depression. According to documents submitted with the statement of claim, the woman had been taking Effexor from 2005 to 2008, but stopped in 2008 due to side effects, such as mental strain, gastric issues, emotional upset and the inability to get a good night’s sleep. The day before she […]


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Austin, TX (Law Firm Newswire) September 1, 2016 – Sarah Gann of Waco, Texas, went to hospital in extreme pain. Allegedly overdosed on narcotics by medical staff, she died days later. Sarah Gann was admitted to Baylor Scott and White Hillcrest Hospital on October 5, 2011 in severe pain. complaining of back pain similar to a kidney stone. She was immediately started on narcotics. According to the wrongful death, medical malpractice lawsuit filed in 170th District Court, the staff, including the prescribing doctor, did not check to determine if Dilaudid, the painkiller chosen, was needed. Dilaudid (hydromorphone) is an opioid […]


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Tampa, FL (Law Firm Newswire) July 15, 2016 – The Florida Supreme Court heard arguments June 9 about whether damages caps in lawsuits over medical malpractice are constitutional. The medical malpractice case stems from injuries suffered by Susan Kalitan, a dental assistant who underwent surgery for carpal tunnel syndrome in 2007. Her esophagus was perforated when tubes were inserted into her mouth during the anesthesia process. The Supreme Court is expected to address the constitutionality of a 2003 law that set limits on non-economic damages, otherwise known as damages for pain and suffering, in medical malpractice cases. “Arbitrary limits on […]


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Chicago, IL (Law Firm Newswire) June 30, 2016 – Personal injury law firm, Romanucci & Blandin, announced the $925,000-dollar settlement of a medical negligence lawsuit today on behalf of their client, Barbara Mini. The lawsuit involves her deceased husband, Joseph Mini, who lost his life on January 25, 2010 after his aortic dissection was allegedly not timely diagnosed by Ira Asher, MD and La Grange Memorial Hospital in La Grange, Illinois. A dedicated 51-year-old electric worker and family man, Joseph Mini was a member of the International Brotherhood of Electric Workers, Local #9 in Westchester, Illinois. He began his day […]


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Southfield, MI (Law Firm Newswire) June 2, 2016 – Mark Davenport went to his local emergency room complaining of abdominal pain and constipation. He had ultimately lost 80 pounds and died of multiple organ failure and septic shock. Davenport was only 54 years old when he died. His death was preventable and it shocked the local community that at least five physicians had failed to diagnose an internal hernia. Davenport’s family filed a medical malpractice lawsuit alleging the misdiagnosis resulted in catastrophic and fatal injuries. Mark’s wife and daughter filed the suit against numerous defendants, including but not limited to […]


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Tampa, FL (Law Firm Newswire) March 30, 2016 – The mother of a man who died in a Tampa Bay area hospital is seeking changes in Florida law regarding wrongful death lawsuits by parents. Linda Porter says her son Pete Thomas died 12 years ago in a New Port Richey hospital. She believes he was given too much medication, which contributed to his death. However, under Florida law, because Thomas was unmarried and had no children, a wrongful death lawsuit cannot be filed. Florida’s Wrongful Death Act does not provide for medical negligence lawsuits by the parents of adult children. […]


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Tampa, FL (Law Firm Newswire) March 3, 2016 – The Florida Supreme Court denied certiorari relief to the University of Miami regarding the medical malpractice liability of two doctors in a Florida brain injury lawsuit. The case involves a brain injury suffered during childbirth at Jackson North Maternity Center. The injured boy is now 17 years old. The University of Miami was named as a defendant because it employed two doctors through its medical school. “The complexities of this case show the importance of being represented by an attorney with extensive experience in medical malpractice and brain injury lawsuits,” said […]


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Southfield, MI (Law Firm Newswire) January 8, 2016 – Negligently delaying a C-section resulted in severe brain damage to a baby born at the Banner-Lassen Hospital. The damage is so severe the now three-year-old is blind, suffers from infrequent seizures, must be fed through a stomach tube, cannot walk, talk or care for herself. This medical malpractice lawsuit resulted in a verdict of $9.6 million. Although the award sounds high, the three-year-old being cared for has a life expectancy into her mid-20s and requires round-the-clock care. “This story began in April 2012, when a mother in labor was admitted to […]


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St. Peters, MO, (Law Firm Newswire) December 24, 2015 – The Missouri Supreme Court is hearing a case that could determine whether wrongful death should fall under the state’s law that limits how much can be received in noneconomic damages in medical malpractice lawsuits. The case involves the family of Shannon Dodson, who died in 2011 after heart surgery at Mercy Hospital in St. Louis, Missouri. Their lawyer argued that capping damages is unconstitutional as they serve to compensate for other forms of harm besides medical fees, lost earnings or other measurable economic damages. “Placing a limit on damages disregards […]


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Coral Gables, Weston, Dayton Beach, FL (Law Firm Newswire) December 2, 2015 – Brill & Rinaldi, The Law Firm, announced Friday that managing partner David Brill was recently nominated as a finalist for the 11th annual Most Effective Lawyers award by the Daily Business Review in the practice area of medical malpractice. The Daily Business Review is South Florida’s oldest and most influential legal and business publication. As the official court newspaper by the chief judges of the county and circuit courts throughout the region, the selection as a finalist for Most Effective Lawyer is recognized by attorneys, judges and […]


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St. Peters, MO, (Law Firm Newswire) June 24, 2015 – State Supreme Court struck down similar law on caps three years ago. Missouri Gov. Jay Nixon signed into law on May 9 legislation that will place caps on the amount of some damage awards in medical malpractice cases. The new law does not mark the first time the Show Me State has attempted to limit damages in medical malpractice cases, though, as the Missouri Supreme Court ruled as unconstitutional the state’s previous law on such damages three years ago. The Democratic governor signed into law the measure, Senate Bill 239, […]


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Northville, MI (Law Firm Newswire) February 23, 2015 – MSNBC has released a report revealing that the U.S. Department of Veterans Affairs (VA) denied medical malpractice claims from more than 60 veterans even after admitting that it had wrongly exposed them to life-threatening infections. Legal professionals and veterans alike say that the report is unsurprising. “VA denies meritorious claims on a regular basis, and this is a striking example of that practice,” commented Jim Fausone, a veterans disability attorney not involved with any of the infection claims. Fausone is a leading member of the Michigan law firm Legal Help for […]


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Little Rock, AR (Law Firm Newswire) Janury 21, 2015 – The repercussions of sending home the first U.S. Ebola victim in the U.S. continue to spread, even months after his death. “While Ebola is not making as many frightening headlines as it was when the epidemic first got underway, its presence has left a distinct mark on the U.S. health care system,” says Michael Smith, an Arkansas personal injury lawyer. “Hospitals and health professionals now know how to effectively quarantine and deal with this deadly disease. But for Thomas Duncan, we may never have ramped up infection control to the […]


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Chicago, IL (Law Firm Newswire) October 30, 2014 – Here is a real shock: America’s own health care system is the third leading cause of death in the nation. The reality of medical errors in the United States is truly frightening. “As estimates continue to rise predicting how often errors by health care providers result in death, it is increasingly clear that the extent of medical malpractice is severely underreported,” said Paul Greenberg, a Chicago medical malpractice attorney with the firm Briskman Briskman & Greenberg. When the now well-known report, “To Err Is Human,” was published by the Institute of […]


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Sacramento, CA (Law Firm Newswire) October 23, 2014 – In a recent wrongful death case, a series of miscommunications led to a $1.8 million court award. In the spring of 2010, 30-year-old Carl Whitmer of Columbus, Ohio was involved in a serious car accident. Two weeks after the accident, Whitmer underwent facial surgery, but he never woke up after the operation. He passed away one week later. Whitmer’s estate filed court documents pursuing claims of wrongful death. Prior to his surgery, Whitmer had complained of severe headaches. However, his complaint was not checked and he was never assessed. Trauma services […]


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Little Rock, AR (Law Firm Newswire) October 14, 2014 – The sheer number of plaintiffs filing a medical malpractice lawsuit against the same spine surgeon is staggering. The doctor is accused of performing unnecessary surgery. “The spine surgeon fled the country when he discovered he was indicted by a federal grand jury with fraudulently billing public and private health-care benefit programs for unnecessary operations. And his other medical malpractice lawsuits overshadow any potential fraud conviction. What is most troubling, besides unnecessary surgery, is the advice the doctor apparently gave to several patients,” said Arkansas injury lawyer Michael Smith, who is […]


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Los Angeles, CA (Law Firm Newswire) September 9, 2014 – In a highly publicized medical practice case, stemming from a 2009 hospitalization of an 89-year-old at St. John’s Health Center, a jury of 12 reached a unanimous verdict on behalf of the hospital, finding no negligence. In the original complaint, filed in 2010, causes of action were also brought for elder abuse and general negligence. After years of litigation, the matter proceeded to a two-week trial in the West District Superior Court located in Santa Monica. “This is an important win for Wood, Smith, Henning & Berman,” said WSH&B partner […]


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