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Tag Archives: Medical Malpractice

Med-mal birth injury claim accrued at child’s second birthday (access required)

A medical malpractice claim for injuries sustained during childbirth did not accrue until the child’s second birthday because unrebutted expert testimony indicated that the cause of the injury could not have been determined before that date. Background Erick, a minor ...

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Teen died after failure to diagnose bacterial endocarditis – $1.5 Million Settlement (access required)

In February 2017, a 16-year-old boy, accompanied by his mother, presented to his primary care physician’s office with a chief complaint of coughing up blood after approximately two weeks of sickness. His symptoms also included fever, weakness, congestion, and coughing. ...

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Superseding cause jury instruction properly given (access required)

Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and ...

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Doctor prevails in shoulder dystocia case – Defense Verdict (access required)

During a delivery on May 16, 2003, the defendant, an obstetrician and gynecologist, encountered a shoulder dystocia. In response, the defendant performed various delivery maneuvers to safely deliver the plaintiff including the McRobert’s position, suprapubic pressure, Rubin’s, and delivery of ...

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Back surgery leaves woman with weakness, paralysis – Defense Verdict (access required)

Plaintiff underwent an anterior cervical discectomy, osteophytectomy and arthrodesis C3-4, C4-5 and C5-6 using intervertebral disc spacers and an anterior cervical plates extending from C3-C4 to C5-6. After finishing at C3-4, the defendant neurosurgeon turned his attention to the C4-5 ...

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Woman suffered stroke, blindness after vein surgery – $1.35 Million Settlement (access required)

The plaintiff was a 67-year-old woman who had a mechanical mitral heart valve implanted in 2013. Patients with these devices are at high risk for stroke and typically require lifelong anticoagulation – or blood thinning – therapy to prevent clot ...

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Case of shoulder dystocia delivery settled – $1,100,00 Settlement (access required)

Plaintiff, a minor, and his mother, filed suit alleging that an obstetrician mismanaged a shoulder-dystocia delivery. Plaintiffs alleged that an inexperienced obstetrician incorrectly performed maneuvers to release the dystocia, and as a result, the child suffered a severe brachial plexus ...

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Man suffered broken jaw during tooth extraction – $875,000 Settlement (access required)

Plaintiff developed ORN following a difficult tooth extraction by the defendant. During the extraction, the plaintiff’s jaw was fractured but this was not discovered until many weeks thereafter, at which time he was also diagnosed with Stage III ORN disease. ...

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