Topics: Medical Malpractice - 1489 results

It’s called “tort reform.” The state of Mississippi limits the amount juries can award people for pain and suffering in personal injuries to $1 million. A federal appeals court recently upheld this cap. Lisa Learmonth was injured in a car crash with a Sears Roebuck van. A trial judge lowered the jury’s damages, limiting her non-economic losses (those beyond hospital bills and lost earning capacity) to $1 million, based on Mississippi’s cap on damages. On appeal to the 5th Circuit, …

After nine root canals, a tooth extraction, bone grafting and a variety of other dental unpleasantries, it’s understandable that country singer LeAnn Rimes is complaining of pain and suffering. But she also says it’s all due to the shoddy work of Los Angeles dentist Dr. Duane C. McKay, whom she’s suing for damages that include lost income due to her inability to perform. According to the suit, McKay told Rimes that restoring her smile with eight upper front veneers would …

Thanks to an overly-social jury foreman who chatted up his friends about the trial on his public Facebook page, a verdict in a wrongful death case may be overturned. During the 2009 Missouri medical malpractice trial, the foreman talks on Facebook about serving on the jury, showing up for duty, reveals that he was the foreman, brags about the speedy deliberations, and repeatedly laments the court’s lack of an open bar. “Yes, I was the jury forearm [sic]… Complete deliberations …

Attorneys for Catholic Health Initiatives (CHI) will stop relying on a Colorado law that says human fetuses aren’t people, according to a statement released by the health care group. CHI drew criticism last month after it defended a wrongful death lawsuit involving twin boys who died in utero by citing the Colorado Wrongful Death Act, which says that injured parties are entitled to damages “when the death of a person is caused by a wrongful act.” Under the statute, the …

Going under the knife is stressful enough. Having to worry about the surgeon operating on the wrong side is almost unthinkable. But it happens more than you might think – an estimated 40 times per week, according to a hospital accrediting group. In one recent example, a jury awarded a young medical student $1.4 million against the doctor who removed the wrong ovary. Nadege Neim, was pregnant when she went to her gynecologist, Dr. Maureen Muoneke, who performed an ultrasound …