During the discovery process in the case of Toni M. Morrison’s personal-injury lawsuit against Walmart, the company argued that she had to provide a written report from her treating physician, Dr. Daniel Mulconrey, under Federal Rule of Civil Procedure 26(a)(2)(B). The court stated that the report was required because Morrison…
According to the U.S. Court of Appeals for the Seventh Circuit in Chicago, the judge’s bench trial decision was affirmed. In this case, Phillip Madden brought a claim under the Federal Tort Claims Act (FTCA) against the United States from an ultimately fatal medical incident in which he suffered while…
Rose Newsome received treatment at the University of Illinois Hospital on March 12, 1995 when she alleged that she sustained a brain injury caused by medical negligence. Newsome and her husband, Hatler, hired attorney Zane Smith and his law firm to represent both of them in a medical malpractice lawsuit…
In 2011, a radiologist with the U.S. Department of Veteran Affairs (VA) missed identifying a cancerous mass in the liver of James Avery Deweese. Before the mass was finally diagnosed as cancerous in 2013, it had nearly doubled in size. Deweese died shortly thereafter. The family of Deweese — through…
In a split decision, the Kentucky Supreme Court has allowed a medical malpractice lawsuit to proceed against the defendant, a surgeon, who was alleged to have chosen not to inform a patient, the plaintiff, of a risk associated with a device implantation procedure. The trial judge dismissed the case for…
After the jury found in favor of the treating physician, an appeal was taken by Zbigniew Adwent arguing that he was entitled to present testimony from a forensic document examiner in the lawsuit he brought against Dr. Richard B. Novak. The lawsuit alleged that Dr. Novak chose not to properly…
In 2011, Sean Elliott filed a medical malpractice lawsuit against Resurgens P.C. and Dr. Tapan Daftaria. The lawsuit alleged that Elliott ended up with paralysis because treating physician Dr. Tapan Daftaria chose not to timely diagnose and treat an abscess in Elliott’s thoracic spine. During the jury trial, he attempted…
The U.S. Court of Appeals for the 10th Circuit has held that an expert on language issues and healthcare could not testify that several healthcare providers had breached the standard of care in their treatment of a patient who had limited use of the English language. Dalip Basanti, who was…
Mariam Toraish, as the administrator of her deceased five-year-old son Adam’s estate, filed a medical malpractice lawsuit against James J. Lee, M.D., and his practice. Dr. Lee had done a tonsillectomy and adenoidectomy surgery on Adam, who died that same day from cardiac arrhythmia. Toraish’s complaint alleged that Adam was…
Betty Collins appealed from a summary judgment that was entered in favor of the defendants Ricardo Herring D.C. and Herring Chiropractic Center LLC. She filed a lawsuit for damages alleging medical malpractice with respect to the treatment of her knee, shoulder and back pain. Collins’s knee was treated with a…