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Articles Posted in Medical Malpractice

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Illinois Appellate Court Finds That Attorney Who Signed Consulting Contract in Medical Negligence Lawsuit is Not Personally Liable

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…

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State Supreme Court Enters Mixed Decision in Medical Malpractice Lawsuit on the Issue of Loss of Chance Doctrine

Mary and Terry Cohan filed a medical malpractice lawsuit against Medical Imaging Consultants claiming that the company and its medical providers were negligent in the treatment that caused Mary’s breast cancer to progress undiagnosed for one year. It was alleged that the delay in diagnosis led to her suffering damages…

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U.S. Court of Appeals Finds Exclusive Remedy for Medical Negligence Injured Federal Worker

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…

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Illinois Appellate Court Reverses Court for Erroneously Dismissing Medical Malpractice Case on Grounds of Improper Claim–Splitting

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…

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Florida State Supreme Court Strikes Down Medical Malpractice Cap

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…

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Illinois Appellate Court Affirms Trial Court Order Barring Expert Testimony in Medical Malpractice Case

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…

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State Supreme Court Reverses Defense Verdict in Medical Malpractice Lawsuit Because Trial Judge Excluded Potential Witness

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…

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Failure to Timely Diagnose Lung Cancer Leads to Settlement of $1.47 Million

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.…

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U.S. Court of Appeals Affirms District Court Judge’s Order Barring Expert Testimony of Physician Specializing in Language Issues Related to Healthcare

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…

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Jury Verdict Entered for Patient Whose Shoulder Surgery Went Wrong When Surgeon Placed Screw in the Wrong Place

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…

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