In 2009, Gary Williamson was a postal worker who sought damages under the Federal Tort Claims Act (FTCA) for medical malpractice on the part of the Department of Veteran Affairs in the treatment of injuries he suffered in his right foot. Williamson usually worked a walking route, walking up to…
A decision by a McHenry County, Ill., trial court dismissing the medical malpractice lawsuit on the grounds of res judicata bar on claim-splitting has been reversed by the Illinois Appellate Court. In this medical negligence lawsuit, the trial judge erroneously determined that only an express agreement from defendants could satisfy…
The Florida Supreme Court has struck down a state law that capped noneconomic damages in medical malpractice injury lawsuits that stood at $1 million. The high court found that the law violates the equal protection clause of the Florida Constitution. In this 4-3 decision, the Florida Supreme Court affirmed the…
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…
Gerald Teeuwen, 77, developed a persistent cough. He went to an urgent care facility and later underwent a chest x-ray, which was interpreted as showing a density in his left lung. Teeuwen was referred to a pulmonologist, Dr. Peter Birk. Dr. Birk ordered a second chest x-ray, which radiologist Dr.…
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…
Holly Mozzone, 39, underwent a bursectomy and a repair to her labrum; surgery was performed by orthopedic surgeon Dr. Gary Hunter. During the surgical procedure, Dr. Hunter placed a screw into her shoulder joint instead of on the limb of the joint. As a result of this mistake, she developed…
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…
A Colorado jury has signed its verdict for $14.9 million to a couple in Colorado. This medical negligence lawsuit alleged that an outpatient surgery center was negligent in administering a steroid that caused Robbin Smith’s paralysis from the waist down. The jury determined that The Surgery Center at Lone Tree…