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$10 Million jury award for malpractice reduced to $1 million
From recent issues of Health Law Week
The West Virginia Supreme Court affirmed a trial court's reduction of a $10 million noneconomic damages award to a patient in a malpractice case to $1 million, finding the patient's argument that the suit was not governed by the state malpractice statute was barred by judicial estoppel.
HIPAA does not prohibit ex parte interviews of cooperating nonparty physicians
From recent issues of Health Law Week
The New York Court of Appeals, reversing the orders of the appellate division, granted healthcare providers' motion to compel, ruling that under HIPAA an attorney may interview an adverse party's treating physician privately when the adverse party has placed her medical condition at issue.
Estate of rabies-infected organ recipient unable to prove breach of standard of care
From recent issues of Health Law Week
The Texas Court of Appeals reversed a trial court's judgment, finding the trial court abused its discretion in denying healthcare providers' motions to dismiss a medical malpractice action brought by a patient's estate. The estate's expert reports fail to comply with statutory requirements.
Doctor's failure to advise pregnant mother of her right to an abortion is not negligence
From recent issues of Health Law Week
The California Court of Appeal affirmed a trial court's decision to grant summary judgment in favor of a doctor in a malpractice and wrongful life case, finding that the doctor's failure to advise a mother that she could abort her twins before they were born with cerebral palsy was not a breach of the standard of care.
Doctors providing emergency care after accident had no duty to diagnose patient's diabetes
From recent issues of Health Law Week
The New York Supreme Court, Appellate Division, Third Department, reversed a trial court's decision denying doctors' motions for summary judgment, finding that the doctors' failure to diagnose a patient's diabetes while treating the patient for fractures associated with a motorcycle accident did not violate the standard of care.
Doctor's antitrust claims against hospital allowed to proceed
From recent issues of Hospital Litigation Reporter
The U.S. District Court for the Northern District of California denied a hospital's motions for summary judgment on various antitrust and conspiracy claims brought by a doctor who contended that the hospital's rules relating to staff privileges were anticompetitive and constituted an unreasonable restraint on trade.
Hospital is not liable for failing to inform of dangers of MRI
From recent issues of Hospital Litigation Reporter
The Oregon Court of Appeals affirmed a trial court's directed verdict in favor of a hospital, finding the hospital was not liable for failing to inform a patient regarding the dangers of the injection of a contrast chemical during an MRI.
Claim reveals doctor failed to ensure surgical staples were not misfired
From recent issues of New York Health Law Update
The New York Supreme Court, Appellate Division, First Department, reversed and remanded a trial court's decision to grant summary judgment in favor of a hospital and doctor, finding the hospital and doctor failed to show that they did not breach the standard of care for inspecting a patient's post surgery condition.
Civil rights claims dismissed for lack of standing and evidentiary support
From recent issues of New York Health Law Update
The U.S. District Court for the Southern District of New York granted a healthcare provider's motion to dismiss, finding that neither claimant had the legal capacity to bring a civil rights claim on behalf of the decedent's estate and that there were insufficient allegations in the complaint to support individual civil rights claims.