The United States Court of Appeals for the Seventh Circuit of Chicago held that a prior acts exclusion under an insurance policy issued by a professional liability insurer to a medical-practice insurer excluded coverage. The exclusion was ruled legal only if the medical-malpractice insurer committed an actual wrongful act, not…
Faith DeGrand was just 10 when she was diagnosed with congenital scoliosis. To try to prevent the condition from worsening, Faith underwent surgery by a pediatric orthopedist, Dr. Eric Jones. In this surgery, Dr. Jones inserted hardware in Faith’s thoracic spine. After this surgery, Faith experienced incontinence, numbness in her…
Ms. Doe, 47 years old, suffered from multiple sclerosis and used a walker. After visiting an urgent care clinic, she became tired and tried to sit down on her walker. The walker flipped over and Ms. Doe hit her head on the pavement. A physician’s assistant at the clinic palpated…
In the wrongful death case for Lee Lindemann, filed on behalf of the Estate of Sue Ann Lindemann, the U.S. District Court ruled that estoppel blocked National Fire & Marine Insurance Co. from invoking a “declining balance” provision in its insurance policy. The insurance company asked for a reduction from…
Jodi Hall sued Dr. Roberto P. Cippola for medical malpractice, claiming that he had violated the applicable standard of care by not referring Jason Hall, Jodi’s husband, to a hospital emergency room. Jason had gone to St. Joseph’s PromptCare complaining of chest pain. The receptionist at the urgent care center…
A chest X-ray of Marilyn Day, 76, revealed a suspicious lung mass several weeks after she had been admitted to Firelands Regional Medical Center. She was suffering from leg weakness, confusion and disorientation when she was admitted. A repeat X-ray showed the mass had shrunk. An MRI of the brain…
Melanie Smith, 40, was taken to a hospital suffering from a severe headache, slurred speech, dizziness, right-sided weakness, and vomiting. These were all apparent signs of a stroke. Two hours after she arrived at the hospital, an emergency physician, Dr. Antonio Baca, examined her, prescribed migraine medication and ordered a…
Ms. Doe, age 47, suffered from multiple sclerosis and used a walker. After she visited an urgent care clinic, she became tired and tried to sit down on her walker. The walker flipped over and Ms. Doe hit her head on the pavement. A physician’s assistant at the clinic treated…
Lisa-Maria Carter, 45, was seen as an outpatient at Tampa General Hospital to remove an ovarian cyst. The staff physician, Dr. Larry Glazerman, performed a Hassan laparoscopic procedure aided by two resident physicians. During the surgery, Dr. Glazerman transected Carter’s bowel. She was admitted to the patient floor several hours…
Dawn Kali was 36 when she was diagnosed with Stage I breast cancer. She was being treated by Robert Young at pH Miracle Living, an inpatient treatment center. Kali flew to San Diego, where she paid more than $2,000 per night at the pH Miracle Living ranch. She also paid…