Medical Malpractice | Virginia Lawyers Weekly

Court Upholds $1.95M Jury Award

By Deborah Elkins
Published: March 7, 2012
Tags: Justice Cleo E. Powell, Medical Malpractice, Supreme Court of Virginia

The Supreme Court of Virginia upholds a $1.95 million jury award to a man whose wife died after outpatient plastic surgery; the trial court did not err in denying a mistrial on a defense complaint about a juror telling plaintiff’s expert, “Good job,” or in admitting decedent’s unpaid medical bills.
According to defendant doctor, the juror’s [...]

Mediation in med-mal cases: What’s not to like?

By Deborah Elkins
Published: March 5, 2012
Tags: ADR, Medical Malpractice

When it comes to medical malpractice cases, “everybody doesn’t like something, but nobody doesn’t like” mediation.
For lawyers who appreciate the nuance of a double negative, the old slogan used to sell Sara Lee coffee cake captures the appeal of the mediation process.
Some of the motives that move any litigant toward mediation – confidentiality, a chance [...]

Veteran suffered stroke after stay in VA hospital – $275,000 Settlement

By Virginia Lawyers Weekly
Published: February 20, 2012
Tags: Medical Malpractice, U.S. District Court - Western District

On May 31, 2010, a veteran living in Southwest Virginia was experiencing shortness of breath. He presented to and was admitted to the VA hospital for inpatient care. He remained in there until his discharge on June 3, 2010.
The patient had long been a patient of the VA Coumadin clinic, receiving 20-30 mg of Coumadin [...]

No Respondeat Superior Claim Against Surgeon

By Deborah Elkins
Published: February 15, 2012
Tags: Judge John R. Doyle III, Medical Malpractice, Norfolk Circuit Court, Virginia Circuit Courts

In this suit alleging a patient at Sentara Norfolk General Hospital died due to negligence during post-surgical care for treatment of her ischemic leg, a Norfolk Circuit Court dismisses respondeat superior claims against defendant surgeon, a medical school faculty member, for lack of duty.
The court previously ruled the Virginia Tort Claims Act did not apply [...]

Nurse failed to recognize fetal distress, infant delivered stillborn – $845,000 Settlement

By Virginia Lawyers Weekly
Published: February 13, 2012
Tags: Medical Malpractice

Following a completely healthy and full-term pregnancy without any maternal or fetal complications, plaintiff, age 29, was admitted into the hospital in labor. This was her first pregnancy and she and her husband were very excited. A baby shower had been held, the baby’s room had been decorated and her name had been selected. Upon [...]

Md. Hospital Can’t Be Sued in Va.

By Deborah Elkins
Published: February 1, 2012
Tags: Judge Henry E. Hudson, Medical Malpractice, U.S. District Court - Eastern District

The estate of a man who allegedly contracted a MRSA infection because of the negligence of defendant, a hospital in Maryland, cannot sue the hospital under the Maryland Health Care Claims Act in a Virginia federal court; the Richmond U.S. District Court transfers the case to a Maryland federal court.
Plaintiff fails to identify any Virginia [...]

Man died after surgery, doctors prevail in death suit – Defense Verdict

By Virginia Lawyers Weekly
Published: January 16, 2012
Tags: Judge Mary Grace O'Brien, Medical Malpractice, Prince William County Circuit Court, Wrongful Death

At 10:30 a.m. on May 1, 2008, the decedent, age 80, was brought to the Prince William Hospital Emergency Department by ambulance with complaints of severe back and right hip pain, nausea and vomiting, which had started that morning. Awake, alert and screaming for morphine, decedent provided the triage nurse and ER physician, a defendant, [...]

Plaintiffs seek $2.5M in shoulder dystocia case – Defense Verdict

By Virginia Lawyers Weekly
Published: January 16, 2012
Tags: Henrico County Circuit Court, Judge Daniel T. Balfour, Medical Malpractice, Million-Dollar Defense Verdicts

During the plaintiff mother’s delivery on June 27, 2004, the defendant obstetrician encountered a shoulder dystocia. In response, the defendant obstetrician performed various delivery maneuvers in an effort to safely deliver the infant plaintiff including gentle downward traction, the McRobert’s position, supra pubic pressure and the Wood’s screw.
Although the defendant obstetrician successfully delivered the infant [...]

Diabetic developed frostbite from using cryotherapy device – $675,000 Settlement

By Virginia Lawyers Weekly
Published: January 2, 2012
Tags: Medical Malpractice

The plaintiff was a 66-year-old retired Fairfax County police officer. He was a diabetic. The treatment involved in the case was fusion surgery to address arthritic degeneration of the ankle joint. The fusion procedure included the placement of hardware in the ankle. The defendants prescribed a cryotherapy device to be placed within the plaintiff’s surgical [...]

Uterus lost due to complications from diagnostic procedure – $650,000 Settlement

By Virginia Lawyers Weekly
Published: January 2, 2012
Tags: Medical Malpractice

The plaintiff alleged that the defendant gynecologist put a hole in her rectum with a hysteroscope during a diagnostic hysteroscopy and also negligently failed to timely diagnose the injury. A hysteroscopy is a procedure in which a rigid scope is inserted through the patient’s cervix into the uterus to enable the doctor to determine if [...]

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