VERDICT: Defense, medical malpractice, hysterectomy complication. [Read more…]
Medical malpractice, spinal fusion, OptiMesh interest
MEDICAL MALPRACTICE: Verdict that neurosurgeon was not negligent in obtaining informed consent by failing to inform L5-S1 fusion patient that he had financial interest in OptiMesh or in the way he performed the surgery affirmed… Todd affirmed. [Read more…]
Defense verdict, med-mal, L5-S1 fusion, OptiMesh
VERDICT: Defense, med-mal, L5-S1 fusion with OptiMesh and unilateral pedicle screws, informed consent. [Read more…]
Landlord/tenant, unpaid balance/damages to collection
LANDLORD/TENANT: Lease provisions that allow placing unpaid balance or damages with collection agency and charging $50 fee for any violation of lease illegal under RLTA. . . no evidence that landlord included lease terms knowing they were illegal. . . claims subject to 8-year statute for actions founded on instrument but would also be timely under 2-year statute for liability created by statute. . . Halligan. [Read more…]
PERS, 3 plans, equal protection, due process
PERS: Employees in 2 plans not denied equal protection/due process vis-à-vis 3rd plan… Reynolds affirmed. [Read more…]
Medical malpractice, MLP “reasonable detail”
MEDICAL MALPRACTICE: MLP claim of negligent performance of ERCP and failure to provide sufficient information for informed consent reasonably encompassed court claim of failure to [Read more…]
Intervention, doctors as Ds in suit against clinic
INTERVENTION: Supervisory control of Sandefur’s order allowing doctors to intervene as defendants in malpractice suit against clinic denied… order. [Read more…]
Hospital negligence, CPA, credentialing, birth brain
HOSPITAL NEGLIGENCE: OB with hospital privileges not agent for 1-time delivery, no joint venture… only acts or practices in conduct of entrepreneurial, commercial, or business aspects of hospital actionable under CPA (1st impression), negligent [Read more…]
Rule 11 sanctions, $1.1 million med-mal settlement
RULE 11 SANCTIONS sought by $1.1 million med-mal settlement Plaintiff against Defendants’ lawyers and insurers rejected on judgment on pleadings as collaterally estopped by J. Brown’s ruling that Defendants had legitimate grounds for unsuccessful attempt to rescind based on alleged fraud… Court shocked by brazen attempt of Plaintiff to [Read more…]
Hospital negligence, independent OB/GYN
HOSPITAL NEGLIGENCE: No agency or joint venture to support vicarious liability by hospital in claim of negligence by [Read more…]