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Tag Archives: Medical Malpractice

SCV: Speculation on decedent’s reasoning inadmissible (access required)

The daughter and sister of a woman who died due to surgery complications lacked personal knowledge as to whether their mother knew of alternatives to surgery or whether she would have elected such alternatives had she known. Background In 2011, ...

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SCV: Expert testimony didn’t show causation in med-mal suit (access required)

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

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Improper placement of feeding tube caused malnourishment – $1.15 Million Settlement (access required)

The case arises out of the failure to properly place a feeding tube in a patient. The patient subsequently became severely malnourished. As a result, the patient suffered brain damage resulting in permanent cognitive deficits. [17-T-209] Type of action: Medical ...

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Patient at facility was given another patient’s meds – $497,500 Settlement (access required)

The decedent, age 62, had been a resident of Covington Manor, an assisted living facility located in Alleghany County, for approximately 20 years. The decedent had suffered from a lifelong history of substance abuse and mental illness which led him ...

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Woman lost vision in one eye after surgery – $450,000 Settlement (access required)

The plaintiff, a 62-year-old woman, underwent a bilateral blepharoplasty to treat floppy lid syndrome which limited her ability to work. Following surgery, she developed complications in her left eye which resulted in blindness. Due to complete vision loss in her ...

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Training materials relevant to standard of care (access required)

A convalescent center must produce various training materials as relevant to the applicable standard of care in a wrongful death action, the court ordered, though the materials in this case will be subject to a protective order. Plaintiff Patrick Lee ...

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Jury Instruction on Patient’s Bad Outcome Approved (access required)

The Supreme Court of Virginia upheld initial and additional jury instructions given by a circuit court in a medical malpractice action. On February 19, 2010, Appellant Carlena Chapple-Brooks underwent spinal surgery conducted by Appellee Ben L. Nguyen. Approximately two hours ...

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Dueling Experts Don’t Satisfy Preponderance Standard (access required)

At a bench trial of a medical-malpractice claim, Plaintiff Eugene Gadson failed to prove his doctors’ negligence by a preponderance of the evidence because the parties’ respective experts offered diametrically-opposed testimony as to the appropriate standard of care. Three days ...

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ER doc missed artery injury, man’s knee was amputated – $1.6 Million Settlement (access required)

On Feb. 25, 2016, the plaintiff was working as a sign/roadway contractor and was descending from a flatbed trailer, when he fell. His foot became trapped on the step and when he fell, his right knee dislocated severely. He was ...

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Baby’s arm was damaged during birth process – $950,000 Settlement (access required)

In April 2012, plaintiff began receiving prenatal care for her seventh pregnancy. During the course of her prenatal care, the history, physical examinations, and tests showed the plaintiff had an increased risk for encountering shoulder dystocia during a vaginal delivery, ...

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