Recently added articles from Medical Law's Regan Report:
Did Pt.'s failure to ask jury for specific findings nix new trial order?(Medical Law Case of the Month)
Apr 01, 2009 ... CASE ON POINT: Tabe v. Ausman, 2009-IL-0219.343 (2/9/2009) -IL CASE FACTS: On June 23, 2000, Drs. James Ausman, Ben Roitberg and Tamir Hersonkey performed a laminectomy procedure on Henry Tabe. The laminectomy involved placing a liar graft into the patient's spinal area to ...
FL: insurer's attys. plan to interview Pt.'s Dr.: breach of physician-patient confidentiality bar.(Medical Law Cases of Note)(Case overview)
Apr 01, 2009; ... CASE FACTS: Patrice Danneman, the plaintiff in a suit which alleges that employees of Shands Teaching Hospital and Clinics, Inc.(Shands), negligently caused the death of her husband, sought certiorari review of an order denying her motion to prohibit pre-deposition conferences between ...
Pt.'s CT scan mislabelled: healthy kidney removed.(Medical Law Case on Point)
Apr 01, 2009 ... CASE ON POINT: Cross v. Radiologix, Inc., 2009 NY Slip Op 30446 -NY CASE FACTS: Nurse Catherine Burke instructed Barbara Cross to have a Ct scan of her abdomen/pelvis done in order to ascertain the cause of pain in that area. Cross underwent a CT scan on November 13 at Mid ...
Spouses' testimony can be key in informed consent cases.
Mar 01, 2009; ... CAROL FITZPATRICK WAS BORN IN 1953, AND WAS DIAGNOSED WITH MULTIPLE SCLEROSIS (MS) AT NINETEEN. Carol married Thomas Fitzpatrick when the two were in their early twenties. By 1977, Carol's MS had progressed to the point where she required a cane to walk, and was prescribed daily oral doses ...
Caveat to physicians having lasers in their offices.(Medical Law Case of the Month)
Mar 01, 2009; ... CASE ON POINT: Tesoro v. Alvarez, 2009-TX-0313.418 (3/12/2009)-TX ISSUE: Recently, the development and refinement of the laser has opened a panorama of areas in which laser treatments can be used. However, whenever lasers are used they should only be used by persons skilled in ...
RI: Pt. discharged from ER delivered next day: ob/gyn failed to participate in defense-defaulted.(Medical Law Cases of Note)
Mar 01, 2009; ... CASE FACTS: On November 28, 2002, Stephanie O'Brien, believing that she was having contractions, visited the ER at Kent County Hospital. After a fetal heart monitor was applied, other tests conducted, and assessments made, she was discharged. She gave birth to Brendan O'Brien, who was born ...
FL: did release of two defendants release all?: caveat: if party settles and releases one party.(Medical Law Cases of Note)(Case overview)
Mar 01, 2009; ... CASE FACTS: Peggy Shatz obtained soleo therapy from Dr. Robert Alles at Ideal Image, Inc. (Ideal), in order to remove spider veins on her legs. Complications arose and Peggy presented to St. Joseph's Hospital in Tampa for diagnosis and treatment. Within about two week of presenting to the ...
Is your hospital's insurance carrier solvent? If not--what?
Feb 01, 2009; ... IN 2000, DR. THOMAS WHARTON WAS EMPLOYED AS A CARDIOLOGIST BY ATLANTIC CARDIOLOGY ASSOCIATES, P.A. (ACA). ACA agreed to provide Exeter Hospital with Dr. Wharton's professional services as the Medical Director of its cardiac catheterization laboratory. The agreement described Dr. Wharton's ...
NY: Dr. guilty of incompetence and negligence: court upheld revocation of Dr.'s license.(Medical Law Cases of Note)
Feb 01, 2009; ... CASE FACTS: Dr. Louis Sidoti had been licensed to practice medicine in the State of New York since 1991. In 2006, the Bureau of Professional Medical Conduct (BPMC) charged Dr. Sidoti with 19 specifications of professional misconduct arising out of his treatment of seven patients ...
Failure to have blood for transfusion: death-$9 million verdict.(Case overview)
Jan 01, 2009; ... JENNIFER BEGLIN SUFFERED FROM CROHN'S DISEASE SINCE THE BIRTH OF HER FIRST CHILD IN 1987. Due to the effects of the disease she underwent an ileocolic resection in 1989 and an angular anoscopy in 1998. During the latter surgery, Dr. Susan Galandiuk removed Beglin's abdominal colon and ...
Did court usurp jury's role in determining facts?(Medical Law Case of the Month)(Case overview)
Jan 01, 2009; ... CASE ON POINT: Crutcher v. Williams, 2009-AL-0112.00, (1/9/2009) So.2d--(2009) ISSUE: Was there a jury issue in this case? Was justice done? CASE FACTS: On June 23, 1906, Iola Williams filed a medical malpractice suit against Dr. Colie Crutcher, Jr., and the City of ...
NY: Dr.'s motion for summary judgment denied: questions of fact had to be resolved by jury.(Medical Law Cases of Note)(Case overview)
Jan 01, 2009; ... CASE FACTS: Dr. Richard Lisman treated Shula Bigman for plastic and reconstructive eye surgery from August 23, 2006, to November 10, 2006. The actual surgery on Shula Bigman was performed by Dr. Lisman on August 29, 2006. The surgery involved a bilateral upper eyelid blepharoplast, ...
NY: failure to inform patient of risks of surgery: Dr.'s motion for summary judgment denied.(Medical Law Cases of Note)(Case overview)
Jan 01, 2009; ... CASE FACTS: From October 12, 1995, until May 27, 1997, Elaina Lucia received medical treatment from Drs. Michael Kelly, Susan Guralnick, Latha Chandran, Jignesh Dalal, Max April, Wesley Carrion, Alan Baldridge, New York Spine and Brain Surgery, P.C., and Brook Children's Service, P.C. The ...
Do Drs. moving from state to state raise red flags?(Medical Law Cases on Point)
Jan 01, 2009; ... Friedman v. Kansas State Board of Healilng Arts, 2009-KS-0119.086 (1/16/2009) P.3d--KS (2009) ISSUE: You can't be too careful in checking out the background of anyone applying for licensure as a physician as well as hospital privileges. CASE FACTS: In April 1999, the ...
Court recognized right of pt. to recover for 'loss of chance'.
Nov 01, 2008; ... IN JULY, 2005, FORTY-TWO-YEAR-OLD KIMIYOSHI MATSUYAMA PRESENTED HIMSELF TO DR. NEIL BIRNBAUM, A BOARD-CERTIFIED INTERNIST, FOR A ROUTINE PHYSICAL EXAMINATION. The patient gave a history of having been treated by another physician for gastric distress and the possibility that he might need ...
Was deplorable medical care the cause of death?(Medical Law Case of the Month)
Nov 01, 2008; ... CASE ON POINT: Schwartz v. Mt. Sinai Hospital, 1008 NY Slip Op 32676 (U) (9/29/2008) -NY (2008) CASE FACTS: Shirley Schwartz was 80 years old and suffered from moderate to advanced Alzheimer's disease. She lived with her husband and son. She had an aide to help her dress ...
FL: Dr. successfully defends against complaint: state board failed to meet burden of proof.(Medical Law Cases of Note)
Nov 01, 2008; ... CASE FACTS: Dr. Michael Fox sought review of a final order of the Board of Medicine of Florida (Board), proposing to discipline him for acting below the standard of care, skill and treatment acceptable for a reasonably prudent physician, all as found by an Administrative Law Judge (ALJ) ....
FL: ambiguities in professional liability policy: ambiguities construed against insurance cos.(Medical Law Cases of Note)
Nov 01, 2008; ... CASE FACTS: Sara Campbell was a patient at the podiatric practice of Drs. Beth Pearce and Brett Cutler. On March 27, 2002, Campbell complained of heel pain and Dr. Pearce ordered an x-ray of her foot. While a certified x-ray technician was positioning Campbell's foot to take the x-ray, ...
Missouri medical association's challenge of law failed.(Medical Law Case on Point)
Nov 01, 2008; ... CASE ON POINT: Missouri State Medical Association v. State, 2008-MO-0625.007 S.W.3d -MO (2008) CASE FACTS: This case involved a suit to invalidate a section of Missouri law, which legalized the practice of "tocology," or midwifery. The original bill was intended to amend and ...
Dr. Misrepresented he was board certified in plastic surgery.
Oct 01, 2008; ... DR. TIMOTHY BROWN WAS A LICENSED MEDICAL DOCTOR HOLDING CERTIFICATIONS FROM THE AMERICAN BOARD OF MEDICAL SPECIALTIES IN DERMATOLOGY AND ANATOMIC AND CLINICAL PATHOLOGY. Dr. Brown started a dermatology practice in Oregon in 1985 and thereafter maintained an advertisement in Dex Media's ...