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Medical Malpractice Damages Cap Returns in Missouri

Posted on May 19th, 2015

Three years after the Missouri Supreme Court found that the state’s medical malpractice cap was unconstitutional, the state’s legislative and executive branches have brought back a cap on noneconomic damages in medical malpractice claims. Learn more below. Missouri Supreme Court Decision Three years ago, the Missouri Supreme Court declared that the state’s flat $350,000 cap [...]

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Medical Malpractice: Misdiagnosis and Wrongful Death Settlement

Posted on May 18th, 2015

Misdiagnosis occurs when a health care provider either does not properly diagnose or fails completely to diagnose a patient’s medical condition. Unfortunately, if the condition is serious enough, it may result in what is known as wrongful death. Wrongful death is when the death of a patient can be attributed to the health care provider’s [...]

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Baltimore Birth Injury Victim Receives $2M Medical Malpractice Verdict

Posted on May 15th, 2015

The plaintiffs in a Baltimore birth injury suit received a $2 million medical malpractice verdict after the trial jury found that the obstetrician who performed the delivery had negligently failed to recognize that the infant was 3 weeks premature, leading to cerebral palsy and permanent injuries for the child. The Case The woman was admitted [...]

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Slip on Wet Floor is Ordinary, Not Medical Negligence, Says CA Court

Posted on May 14th, 2015

An appellate court in California reversed the ruling of the trial court that a woman’s injury that resulted from a hospital’s failure to put up cones warning the patient of wet floors, was professional negligence under the state’s Medical Injury Compensation Reform Act of 1975 (MICRA). The appellate court held that the injury was not [...]

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Failure to Diagnose Spine Fracture Leads to Medical Malpractice Suit

Posted on May 13th, 2015

A couple in West Virginia filed a medical malpractice suit against two radiologists and other healthcare parties as a result of their alleged failure to diagnose the man’s spine fracture from a CTA scan. They claim that had the fracture been diagnosed in a timely fashion, the man would have been able to have surgery [...]

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Bariatric Surgery Medical Malpractice Verdict Leads to $9.4M Verdict

Posted on May 12th, 2015

A woman whose bariatric surgery resulted in permanent brain damage has won a $9.4 million medical malpractice verdict in a federal court against the bariatric surgeons who performed the surgery. Learn more about the case in our blog. The Case The Illinois woman had bariatric surgery in February 2010. At the time of the surgery [...]

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Stroke Victim Receives $7.4M Medical Malpractice Verdict

Posted on May 8th, 2015

The victim of a stroke received a $7.4 million medical malpractice verdict in a case that saw the jury find both the plaintiff and defendant to be negligent, but placed 61% of the blame for the stroke on the defendant. The Case On May 14, 2010, the 56-year-old plaintiff went to his primary care physician. [...]

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No Negligence in Maryland Medical Malpractice Orthopedic Surgery Case

Posted on May 7th, 2015

A recent decision in a Maryland medical malpractice orthopedic surgery case found that the defendant orthopedic surgeons were not negligent in their treatment of a patient, due to the patient’s failure to appear for scheduled in-office appointments, as well as the fact that he transferred his care to another medical practice during treatment, rendering the [...]

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$63M Verdict Against Johnson and Johnson Upheld in Massachusetts

Posted on May 6th, 2015

A $63 million verdict against health care company Johnson and Johnson was upheld in the Supreme Judicial Court of Massachusetts on April 17. The court is the highest appellate court in Massachusetts. The Case The case concerns a child who developed toxic epidermal necrolysis as a seven-year-old in 2003. Her parents alleged that their child [...]

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Emergency Room Medical Malpractice Injury and Claims Statistics

Posted on May 5th, 2015

A recent study conducted by The Doctors Company, the nation’s largest physician-owned medical malpractice insurer, looked at emergency room medical malpractice injuries in 332 emergency medicine claims it closed from 2007-2013. The study provided statistics concerning the most common patient allegations in emergency medicine claims, as well as the top factors that contributed to patient [...]

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