An Appellate Court in Florida has granted a ten day stay of an order that stopped Allstate from selling any new auto insurance policies in Florida. Last week, the Florida Insurance Commission prohibited Allstate from writing any new auto insurance policies because it failed to comply with a subpoena in its property insurance business.
Contaminated tissue lawsuit
01/24/2008 06:05:18 PM
An Illinios resident has filed a lawsuit that accuses a Georgia based company of providing contaminated donor tissue for a knee operation. According to the lawsuit, the tissue provided caused permanent injuries to the man and will require him to take pain medication for the remainder of his life. The lawsuit also alleges permanent loss of earning capacity as a result of the negligence.
Atlanta Journal-Constitution 1/12/08″”
Oklahoma Medical Malpractice
01/23/2008 06:05:51 PM
An appeals court in Oklahoma struck down a statute designed to limit medical malpractice litigation. The court found that the statute placed a larger burden on the plaintiffs/injured parties than that which was placed on other plainitffs.
Louisiana Supreme Court to rule on Katrina claims
01/18/2008 06:06:47 PM
Thousands of Louisiana homeowners that filed claims for recovery from hurricane Katrina against their homeowners insurance should get a response from the court on their cases. The court hearing in the Louisiana Supreme Court comes from a lower court ruling that ordered benefits to be paid for flood related damages after a finding that the policy of insurance which covered the loss of one man was ambiguous. The homeowners argue that the insurance company should cover the cost of the damages because the levee breaks were a natural disaster.
New Orleans Times-Picayune 1/15/08
Injured workers lawsuit
01/15/2008 06:07:24 PM
Three oil workers have filed a lawsuit against a company that they deem to be responsible for for their injuries suffered when a pipeline expolded last year. In the lawsuit, the plaintiffs claim that the company permitted them to work by a pipeline that the company knew needed repairs.
San Jose Mercury News 1/10/08
Hockey Stick Attack
01/14/2008 06:07:54 PM
In Utah, the State Supreme Court allowed a lawsuit to proceed forward wherein a 7 year old boy suffered a skull fracture after being hit in the head with a hockey stick by another player. The justices ruled that the older boy, who struck the victim, was less likely to understand and accept the possibility of causing serious injury. The lawsuit seeks damages for medical bills and pain and suffering. The insurance company defending the case claims that the case was not an accident.
The Salt Lake Tribune 1/9/08
Specialty hospitals and medical emergencies
01/12/2008 06:06:17 PM
An investigation of hospitals owned by physicians has revealed that a majority of these facilities are under-equipped to address medical emergencies. According to the federal report, of the 60 hospitals that were surveyed, 7 percent failed to meet Medicare staffing requirements while 34 percent relied upon 911 services for emergency medical situations. The report raised serious questions and concerns over the safety of these facilities.
The Washington Post 1/10/2008
Problems for lawyers obtaining medical records
01/10/2008 06:08:30 PM
The Florida Medical Association is attempting to have legislation passed which will allow doctors to charge more for copies of their patients medical records. Currently, in Florida, physicians can charge $1 per page for the first 25 pages and 25 cents thereafter. Some plaintiff attorneys have stated that it is their contention that this is a way for the doctors to avoid medical malpractce claims.
Orlando Sentinal 1/6/08
Punitive damages award
01/09/2008 06:09:01 PM
A Missouri jury recently awarded 99 million dollars in punitive damages to borrowers which were charged excessive fees. The jury found that three mortgage lenders purchased second mortgages from another lender that charged fees which violated the states Second Mortgage Act.
Kansas City Star 1/4/08
07/08/2007 05:49:52 PM
We all make mistakes. But what if someone else’s mistake cost you your health, or your life? An Indiana couple received $3.25 million in damages recently for their medical malpractice case. The Circuit Court found that the wife’s doctor’s office did not send her removed tumor to pathology for cancer testing in 2002 causing her undue stress and health problems. In 2003, the patient was seen by a different doctor and had another tumor removed. This tumor was immediately tested and was found to be malignant melanoma cancer. The court’s ruling will likely be reduced to $1.25 million which is the state’s cap. But the patient is currently cancer free but still at risk for developing cancer in the future. (Walker, www.thestarpress.com, 6/27/08)
Medical malpractice occurs when a doctor, hospital or other healthcare provider is negligent by failing to meet the recognized standard of care in the medical community, the failure of which is the proximate cause of the claimed injury or death. In the above referenced case, it was the doctor’s inaction and lack of testing of the tumor caused the patient undue stress and an anxiety condition. Contact Us for more information. The legal information on this site is not intended to be legal advice. Contact one of our experienced medical malpractice attorneys today to get specific information and answers for your specific situation.