$7.5 million jury verdict: remittitur ordered.
SOME JURIES RETURN VERDICTS FOR HUGE AMOUNTS.
Some are affirmed, some overturned, some subject to remittitur.
COREY LOVETT WAS BORN 12 WEEKS PREMATURELY AT INTERFAITH MEDICAL
CENTER ON MAY 30, . . .
Was suit v. hospital for ordinary negligence or
malpractice?(Legal Focus on Hospital Law Issues)
CASE ON POINT: Jackson v. Harper Hospital, No. 262466 (Mich. App.
09/12/2006) N.W.2d -MI
ISSUE: Ordinarily, a patient cannot prevail in a suit for medical
malpractice unless he or she has the . . .
LA: did lab error result in insulin error?: case against hospital
remanded for trial.(Hospital Law Decisions of Note)
CASE FACTS: On June 14, 1999, Dr. Deidre Barfield admitted Juanita
Hays to Schumpert Hospital. Hill complained she had nausea, vomiting,
diarrhea, abnormal weight loss, and weakness for several . . .
PA: did terminated employee 'falsify' records?:
unemployment benefits awarded to employee.(Hospital Law Decisions of
Note)
CASE FACTS: Mary Roberts was employed by Ohio Valley General
Hospital for ten years. Her last position was that of Clinical Services
Director. Roberts made a data entry mistake. The hospital . . .
Was amputation result of failure to send test results to
pt.?(Hospital Law Case of the Month)
CASE ON POINT: Sessoms v. Bay Regional Medical Center, No. 20516
(Mich. App. 08/22/2006) N.W.2d -MI
CASE FACTS: On July 6, 2002, Eric Sessoms, a then 25 year-old Ohio
resident, suffered a broken . . .
Pt. in hosp. for 'infected finger' dies: $3 million
verdict.(Phillip Carrano vs. Yale-New Haven Hospital (New Haven,
Connecticut
MANY FEAR BE ING ADMI'ITED TO HOSPITALS BECAUSE, CORRECTLY OR
INCORRECTLY, THEY FEAR THAT TOO MANY PATIENTS' DEATHS RESULT FROM
INAPPROPRIATE CARE AND TREATMENT RENDERED BY HOSPITALS. Who would . . .
Failure to exercise right to appeal denial of privlieges.(Legal
Focus on Hospital Law Issues)
CASE ON POINT: Sullivan v. Eastern Health System, Inc., No. 1040172
(Ala. 08/25/2006) So.2d--AL
CASE FACTS: Dr. J. Gregory Sullivan enjoyed staff privileges at
Medical Center East, which was . . .
RI: production of 'Occurrence Screen' ordered: no
attorney-client privlege for hospital record.(Hospital Law Decisions of
Note)
CASE FACTS: Sidney and Thomas Long brought suit for wrongful death
against Womens and Infants Hospital of Rhode Island alleging that the
negligence of the hospital resulted in the death of their . . .
DC: can 'voluntary' mental pt. be committed?: Pt.
committed--'least restrictive alternative'.
CASE FACTS: Evelyn Lanier suffered from mental illness for many
years and had a long history of noncompliance with treatment that led to
many voluntary and involuntary hospitalizations. She . . .
Drs. failed to show hospital violated antitrust law.(HOSPITAL LAW
CASE OF THE MONTH)
CASE ON POINT: Abraham v. Richland Parish Hosp. Serv. Dist. 1-B,
No. 4,141-CA (La. App.Cir. 208/23/2006)--LA
ISSUE: When hospitals contract with doctors problems can arise.
CASE FACTS: In 1992, . . .
Hospital successfully defended Sherman Antitrust suit.
FORTY-NINE OPTOMETRISTS, WHO PRACTICE IN UTAH, AND THEIR AFFILIATED
PROFESSIONAL ORGANIZATIONS SUED INTERMOUNTAIN HEALTH CARE (IHC) AND
OPTHALMOLOTGISTS PARTICIPATING IN IHC's PROVIDER PLAN . . .
Dispute with nursing home subjected to arbitration.
CASE ON POINT: Owens v. Ntnl. Health Corp.,
No.M2005-01272-COA-R3-CV (Tenn.App. 06/30/2006) So..2d -TN
ISSUE: Can an agent under a health care power of attorney bind a
patient to waive her right . . .
NY: hospital 'loses' fetal monitoring strips: no
'spoliation of evidence' by hospital found.(Hospital Law
Decisions of Note)
CASE FACTS: Lorraine Millan received prenatal care from Dr. Francis
Martingano. During her labor and delivery of twins at Staten Island
University Hospital on July 5 to July 6, 1994, Dr. . . .
NY: is nursing home patient's sponsor liable?: Court finds
no individual liability for sponsor.(Hospital Law Decisions of
Note)
CASE FACTS: From June 2 until November 17, 2003, Monroa Goutier was
a patient at Prospect Park Care Center, a nursing home. The nursing home
filed suit against Mr. Goutier and Saul Bethay, a friend . . .
Failure to diagnose tumor: did 'continuous treatment'
apply?(Hospital Law Case of the Month)
CASE ON POINT: Zielinski v. Kotsoris, 961 A.2d 1207, 279 Conn. 312
-CT (2006)
ISSUE: The issue in this Connecticut case was whether the
"Continuous Treatment" doctrine tolls the statute . . .
Was hospital guilty of unfair & deceptive trade
practices?
CAN A HOSPITAL BE GUILTY OF UNFAIR AND DECEPTIVE TRADE PRACTICES?
That is the question with which the North Carolina courts were
confronted in this unusual case.
IN JULY OF 2002, DENISE SHELTON . . .
Misplaced tube results in patient's death.(Legal Focus on
Hospital Law Issues)
CASE ON POINT: Cockerham v. LaSalle Nursing Home, Inc., No. 06-10
(La. App. Cir. 3 05/03/2006) So.2d--LA
CASE FACTS: Justin Cockerham, age forty, was a resident of LaSalle
Nursing Home where he . . .
IN: hospital and Dr. sued when paralysis results: summary
judgment for Dr. but not for hospital.(Steven Ashton, Kosciusko
Commun
CASE FACTS: Prior to August of 1999, Valerie Hamilton had a
mild-to-moderate hearing loss in her left ear. In August of 1999, she
underwent surgery to place a prosthesis in her left ear, replacing . . .
OH: patient in wheelchair sustians injury to leg: proof of
exactly what caused injury required.(Hospital Law Decisions of
Note)
CASE FACTS: On June 12, 2001, 66-year-old, wheelchair-bound Hura
Cohen went to Huron Road Hospital for an MRI of her finger. The patient
registered with the hospital nurse, then propelled her . . .
Hospital wins suit by family of deceased MDS Pt.(myelodysplastic
syndrome)
CASE ON POINT: Dao v. Washiington Township Health Care Dist., No.
A110105 (Cal. App. Dist 1 06/23/2006)--CA
ISSUE: Sometimes, a witness' testimony doesn't fit the
facts!
CASE FACTS: In December . . .
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