A New York Appellate Court has held that the plaintiff in a breast cancer negligence case failed to raise a triable issue of fact and opposition to a defendant’s summary judgment motion. Merlinda Paglinawan underwent a screening mammogram and ultrasound. The interpreting radiologist recommended a follow-up diagnostic mammogram and ultrasound.…
Nicholas Carusillo, 29, had a history of bipolar affective disorder, manic depression and substance abuse. After experiencing signs of mania and behavioral outbursts, he was admitted to an inpatient psychiatric unit. His medication, including Seroquel and lithium, were increased until his condition stabilized. He was then discharged to Metro Atlanta…
Alexis Dameron was held in contempt for refusing to comply with the Circuit Court of Cook County’s discovery order. Under the order, she was required to disclose the report of Dr. David Preston to the defendants Mercy Hospital & Medical Center and several physicians who were defendants in this lawsuit.…
A Texas Appellate Court has held that a hospital internist was not liable for medical negligence. The case arises out of his choosing not to timely diagnose a post-surgical patient’s condition and then consult with the patient’s treating neurosurgeon. Charles Collins underwent neck surgery performed by neurosurgeon Dr. Shanker Sundraini.…
In this medical malpractice lawsuit, the state supreme court of Utah affirmed the decision of the court of appeals, which affirmed the judgment of the district court excluding the plaintiff’s proximate cause expert’s testimony. The state high court held that the district court did not err. Richard and Deanne Taylor’s…
In March 2014, plaintiff Dawn Verci filed a negligence lawsuit against defendants Michael High and International Union of Operating Engineers, Local No. 649. She claimed that as a result of the defendants’ negligence, she was injured and underwent medical treatment that cost more than $1 million. The majority of her…
A Maryland Appellate Court has held that summary judgment for a medical negligence defendant was proper. In this case, the plaintiff chose not to comply with the state requirement by filing a certificate of merit from a health care provider when the provider has a background and specialty in medicine…
Vincent Lowe brought this medical malpractice lawsuit in the Circuit Court of Franklin County, Mo., against Bryan J. Menges, D.O. and James D. Cassat, M.D. and their employers, Mercy Hospital East Communities (“Mercy Hospital”) and Mercy Clinic East Community (“Mercy Clinic”). In the lawsuit, they alleged that as a result…
A Texas Appellate Court has held that a trial court had not erred in denying a defendant’s motion to dismiss based on a plaintiff expert physician’s failure to perform the procedure at issue in the case within the last 20 years. Alice Waggoner sued physician Dr. Carl Jones, maintaining that…
After a fall, John Mitchell, 53, went to a Kaiser Permanente occupational medicine specialist complaining of back pain, numbness and weakness. The doctor prescribed steroids and a muscle relaxer and asked Mitchell to return in one week. At the next appointment, Mitchell reported increased numbness and weakness in his legs.…