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Category Archives: Medical Malpractice

NursingH3

Appeals Court Ruling Limits Plaintiffs in Nursing Home Abuse Lawsuits

By Masterson, Hoag & Smith, P.A. |

It was not an altogether surprising decision. A three-judge panel held that a plaintiff could not bring a separate cause of action against a defendant in the event that medical negligence is alleged to have occurred. A claim was filed under the theory of both medical negligence and secondary claim under the Adult Protective… Read More »

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CoupleHands

Asian Mother Gives Birth to Non-Asian Babies

By Masterson, Hoag & Smith, P.A. |

No, it is not a medical miracle. No, it is not evidence that we live in a post-racial society. It is evidence that the IVF clinic implanted the wrong embryos into the wrong mother. On what should have been one of the most joyful days of her and her husband’s lives, a New York… Read More »

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MedMal17

The Rise of Assembly Line Medicine

By Masterson, Hoag & Smith, P.A. |

A recent $2M verdict against a Syracuse orthopedic surgeon unveiled  what seems to be a serious problem in modern medicine: The assembly line approach to conducting patient care. The orthopedic surgeon was accused of performing 14 surgeries per day and compromising the quality of his surgeries for the ability to perform more. The surgeon… Read More »

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MedMalp2

Inmate Wins $1M Med Mal Verdict

By Masterson, Hoag & Smith, P.A. |

The type and quality of health care provided to inmates has at times come under controversy. With states now outsourcing the medical care to private agencies that manage the hospital’s needs, it has created a bit of a blur between what constitutes a public or private tort. Recently, a former Virginia prison inmate alleged… Read More »

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Gavel_Steth

School Teacher’s Death During Childbirth Prompts $6.5M Verdict

By Masterson, Hoag & Smith, P.A. |

The $6.5 million verdict set a State of Kansas record for medical malpractice. Edgar and Zander Perez were each awarded half of the total after Edgar’s wife Lindsey died in childbirth. Zander, who is the three-year-old son of Edgar and Lindsey, will spend the rest of his life without his mother, and his father… Read More »

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HospRoom

Hospital Ratings System Shows Shines a Troubling Light on Dangerous Hospitals

By Masterson, Hoag & Smith, P.A. |

A non-profit group named Leapfrog recently produced an analysis of over 2,600 U.S. hospitals. These hospitals were graded from A to F and ranked in terms of patient outcomes and risks of injury or death. At hospitals rated D and F, the study showed a more than 92% greater risk of death, infection, or… Read More »

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MedRec2

Can You Access Your Health Care Records?

By Masterson, Hoag & Smith, P.A. |

In most situations, federal law allows patients to access their own health care records. However, there remain compliance problems in key areas. Hospitals can and do deny patients access to their own records in certain situations. This appears to be in direct conflict with federal and state laws that govern health record disclosure. A… Read More »

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Misdiagnosis

Study Says Electronic Health Records are Responsible for More Malpractice Claims

By Masterson, Hoag & Smith, P.A. |

Your medical records provide your doctors with necessary information regarding your allergies, current medications, and past surgeries. What happens if some of the information is left out? What happens when your doctor is not aware of a serious allergy? The results could, in some cases, be fatal. In other cases, they could lead to… Read More »

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MedMal14

Did Medical Software Cost a Woman Her Life?

By Masterson, Hoag & Smith, P.A. |

In 2012, a woman who suffers from migraines goes into see her doctor complaining of unusual pain. The doctor runs some tests, but nothing happens. Two months later, the woman is dead. The family sues Stowe Family Practice which is a federally qualified health care center. They accused Stowe Family Practice of failing to… Read More »

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HospitalDis

Why Didn’t Florida Fine All Children’s Hospital

By Masterson, Hoag & Smith, P.A. |

It’s been well-established in the aftermath of the debacle at Johns Hopkins All Children’s Hospital that the State of Florida could have sent a strong message to health care providers that provide a chronic, substandard quality of care to their patients. Additionally, All Children’s neglected to inform state regulators concerning at least nine cases… Read More »

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