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Tag Archives: Medical Malpractice

Hospital settles suit for failing to diagnose ‘Valley Fever’ (access required)

When Thanh Cong Le visited his family in San Jose, Calif., in late 2006, he had no idea he may have been exposed to fungal spores that cause coccidioidomycosis, a lung disease known as "Valley Fever." He felt ill enough on his return home to western North Carolina that he sought treatment at Highlands-Cashiers Hospital. After he died of the disease, the hospital recently settled with his estate, according to Asheville attorney Jay Kerr. "The major significance of this case involves the corporate negligence theories we advanced and supported with evidence, and which the jury clearly based its verdict upon," he said.

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Discovery waives mandatory arbitration clause, court holds (access required)

A nursing home waived its right to compel arbitration after it used interrogatories to seek information from the plaintiff in a negligence suit, the Court of Appeals has ruled in an unpublished decision. "If you send discovery that is not necessarily going to be available in arbitration, you cannot then turn around and seek to compel arbitration," said the plaintiff's lawyer, Sam McGee (pictured). "The defense tried to distinguish [this case] from other cases by arguing that ‘this was only one little set of interrogatories.' But there is no magic number of interrogatories."

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Tort/Negligence – FTCA – Medical Malpractice – Army Hospital – Private Contractors – Gonzalez Act – Anesthesia – C-Section – Feres Doctrine (access required)

Glenn v. Performance Anesthesia, P.A. (Lawyers Weekly No. 10-02-0847, 15 pp.) (W. Earl Britt, Sr.J.) E.D.N.C. Holding: Since the defendant-anesthetists were working for the Army pursuant to a personal services contract, plaintiff’s only avenue for relief is the Federal Tort ...

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Tort/Negligence – Medical Malpractice – Rule 59(a) – Juror Misconduct (access required)

Cummings v. Ortega. The trial court did not commit legal error, nor did it abuse its discretion by admitting into evidence affidavits of two jurors alleging juror misconduct when considering a Rule 59(a) motion to set aside a jury verdict and subsequently refusing to reconsider its decision.

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