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Surgery mishap results in $600K verdict
A Catawba County jury has awarded $600,000 to a man who suffered injuries after doctors severed the wrong abdominal duct while removing his gall bladder in 2011. Attorney Mark Melrose of Asheville said his client Jerry Wayne Roberts checked into the Catawba Valley Medical Center in Hickory on Jan. 11, 2011, so he could undergo […]
Decedent’s estate awarded $6.13M after fatal heart attack
The estate of a man who suffered a massive heart attack just hours after being sent home from the hospital after complaining of chest pains and tingling in his arms has been awarded more than $6 million, according to one of his attorneys. Jon Moore of Brown Moore & Associates in Charlotte was one of […]
Woman reaches $5.3M settlement in hospital negligence claim
A woman injured while undergoing surgery has entered a confidential, pre-trial settlement for $5.3 million two days before her trial was scheduled to begin, her attorneys report. Many of the details of the case are being withheld due to a confidentiality agreement, but the plaintiff’s attorney, Charles Mast of Smithfield, said his client suffered vaginal […]
Tort/Negligence – Hospital Negligence – Administrative Remedies – Exhaustion Requirement – General Medical Negligence Notice – Res Ipsa Loquitur
Rudisil v. United States (Lawyers Weekly No. 14-02-0877, 7 pp.) (James Fox, Sr. J.) 5:13-cv-00110; E.D.N.C. Holding: The administrative notice of medical negligence that plaintiff gave the government makes no mention of her hospital negligence claim, which is predicated on the extension of credentialing or privileges to an inexperienced surgeon; therefore, her general notice of […]
Tort/Negligence – Civil Practice — Agency – Duty – Corporate Negligence – Summary Judgment – Medical Malpractice
Estate of Ray v. Forgy Although under the doctrine of respondeat superior a hospital is liable for the negligence of a physician or surgeon acting as its agent, where a patient has signed separate treatment and release forms with a physician, it suggests the plaintiff looked to the doctor separately and distinctly from the hospital to receive treatment.
Hospital horror leads to $15.5 million settlement
A young woman walked into a hospital emergency room seeking help for a relatively minor ailment and ended up brain dead after suffering through a series of shocking oversights at the hands of doctors, nurses and pharmacists. The hospital’s mistakes were so profound that it eventually agreed to settle the woman’s medical negligence case for $15.5 million – one of the largest verdicts of it[...]
Are health courts coming to a state near you?
Buried in the White House's federal budget plan is a proposal to encourage states to reform their medical-malpractice laws. The budget proposes a total of $250 million in Department of Justice grants to "provide incentives for state medical malpractice reforms," $100 million for 2012 and $50 million for each of the next three years. It's not the first time President Barack Obama has mentioned med-[...]
Med-mal bill would cap damages, increase threshold for ER claims
The state's legal landscape for medical-malpractice lawsuits would undergo a seismic shift and North Carolina would join 28 other states with caps on damages if a bill introduced last week becomes law. The bill, S. 33, is now being debated in the Senate's Judiciary I Committee. At a packed hearing before the committee Thursday, it attracted the attention not only of attorneys and doctors, but also[...]
Failure to diagnose melanoma results in $1M settlement
Plaintiff presented on two occasions to his family practice group complaining of a bothersome mole that was irritated. He was assured that there was nothing to worry about. At his wife’s urging, he sought the opinion of a dermatologist who confirmed Stage III melanoma. He had a sentinel node biopsy, had to endure daily interferon […]
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