Recently in Malpractice News (outside Maryland) Category

Ed McMahon's Medical Malpractice Lawsuit Setttles

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Ed McMahon from Tonight Show fame, settled his medical malpractice lawsuit against a Los Angeles hospital after breaking his neck, one of his malpractice lawyers told reporters. McMahon sued the hospital claiming that doctors failed to diagnose his broken neck after a fall and discharged him without taking an X-ray. He also accused the hospital of botching two subsequent spine operations.

Any malpractice lawyer will tell you these are tough claims.  You need to know the facts of any lawsuit before rendering an opinion - all of the facts.  But having said that, celebrities are able to find lawyers to file lawsuits that no one else would consider touching with a ten foot pole.  

Failure to Read X-Ray Leads to $2.1 Million Award

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A jury in Philadelphia awarded the widow of a man who allegedly died as the result a doctor's failure to read an x-ray because he had a corporate meeting was awarded $2.185 million in a malpractice suit against St. Joseph's Hospital and that doctor and another emergency room doctor. 


The emergency room doctor had appropriate ordered several lab tests, including X-rays and echocardiograms, but it took almost two hours for some of the tests to be performed, said one of Plaintiff's medical malpractice lawyers.  Worse still, after the x-rays and other tests were prepared and completed, the emergency-room doctors never reviewed them before they were sent to radiology, a practice required by hospital procedure.  The man died that night from a dissecting aortic aneurysm. X-rays that hat would have revealed this condition weren't "interpreted" until the next day when it was too late. 


The defense malpractice lawyers strategy was to blame the victim.  First, the lawyers claimed the man had a history of hypertension and "chronic noncompliance" in taking his blood-pressure medication.  Second, they claimed that could not have saved him even he had been timely diagnosed.   Suffice to say, the jury disagreed.

Oregon Raises Limits on Malpractice Lawsuit Awards

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Oregon has raised the limits on malpractice and other negligence awards against public employees.  This new Oregon law restricts damages at $1.5 million to $3.5 million for state hospitals and clinics. The medical malpractice caps will rise to the $2 million to $4 million range for five years. 

This sounds like a lot of money but I'm assuming these are hard caps which means they are essentially claims that discriminate against typically child brain injury cases such as cerebral palsy where the economic damages to maintain the child are incredibly high.  It seems insane to me to single out these types of cases for a malpractice cap.

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This page is an archive of recent entries in the Malpractice News (outside Maryland) category.

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