States

June 5, 2023

New Georgia Nursing Malpractice Expert Opinion

A Georgia appeals court on Wednesday affirmed a trial court’s disqualification of an expert witness in a suit accusing a hospital’s nurses of failing to prevent a patient’s internal bleeding, which proved fatal, saying the plaintiffs’ expert, a physician, was not qualified to opine on the standard of care for nurses.

Facts of Smaha v. Medical Center of Central Georgia

A woman underwent surgery at the Medical Center of Central Georgia in Macon to remove her left kidney. Several days post-surgery, while recovering in the hospital, she suffered from internal bleeding and died.

June 2, 2023

Washington Birth Injury Malpractice Lawsuits

by Ronald V. Miller, Jr.

This page will look at medical malpractice cases involving birth injuries in Washington state. We will review the key points of Washington tort law and examine the settlement value of Washington birth injury lawsuits based on reported settlements and trial verdicts.

What is a Birth Injury?

A birth injury is defined as a physical injury, damage or harm inflicted on a baby because of something that occurs during the process of childbirth (or pregnancy). Birth injuries differ from birth defects in that they are not genetically inherited. Instead, birth injuries are a product of events going wrong during delivery, usually as the result of medical negligence.

June 1, 2023

Washington DC Birth Injury Lawsuits

by Ronald V. Miller, Jr.

This page will explore medical malpractice cases involving birth injuries in Washington D.C. Our lawyers examine key aspects of Washington D.C. malpractice law and evaluate the settlement amounts and jury payouts of District of Columbia birth injury lawsuits based on reported settlements and trial verdicts.

What Is a Birth Injury?

A birth injury refers to physical harm, damage, or injury inflicted on a baby due to events during pregnancy or childbirth. Birth injuries differ from birth defects as they are not genetically inherited. They can happen without medical malpractice. But, too often, they result from complications during delivery, often due to medical negligence.

May 2, 2023

Vermont Clergy Sex Abuse Lawsuit

by Ronald V. Miller, Jr.

Vermont has been an epicenter of clergy sex abuse, most notably with Roman Catholic Church. The Church has made great progress since the days of ignore and coverup but does not heal the scars.

Clergy sex abuse lawsuits against the Catholic Church began earnest in the early 2000s, following similar revelations in other parts of the United States. Survivors of abuse, many of whom had carried their burdens in silence for years, were inspired to heroically speak out. The Church was accused not only of harboring abusive clergy but also of systematically covering up their misconduct.

Sex abuse lawsuits in Vermont

May 1, 2023

New Iowa Certificate of Merit Appellate Opinion

by Ronald V. Miller, Jr.

The Iowa Supreme Court issued an interesting opinion Estate of Butterfield v. Chautauqua Guest Home, Inc. addresses Iowa’s five-year-old certificate of merit requirement in medical malpractice lawsuits.

April 25, 2023

Montana Birth Injury Supreme Court Opinion

by Ronald V. Miller, Jr.

In Kipfinger v. Great Falls Obstetrical & Gynecological Associates, the Montana Supreme Court reinstated a medical malpractice birth injury lawsuit against the remaining defendant, who had not yet settled the claim.

Facts

A pregnant woman arrived at Benefis Hospital in Great Falls, Montana, past her expected due date. An independent OB/GYN on call examined the patient’s prenatal records and found nothing significantly noteworthy. An attending nurse placed an electronic fetal heart rate monitor (EFM) on the woman’s abdomen, producing a fetal heart rate (FHR) record in relation to her contractions. This data can indicate whether the fetus is sufficiently oxygenated or at risk of hypoxic brain injury due to low oxygen supply.

April 23, 2023

Average Medical Malpractice Award in Oklahoma

by Ronald V. Miller, Jr.

Oklahoma’s average malpractice award payment is $230,787. The national average is $285,218. Other personal injury cases in Oklahoma are more reasonable. So what is the problem with malpractice cases?

There is no problem. There WAS a problem. Oklahoma Statutes Section 23-61.2 limits non-economic damages to an extremely harsh cap of $350,000. The Oklahoma Supreme Court wisely overturned this law. But cap – the expectation of it passing – and the uncertainty surrounding it has a chilling impact.

Malpractice Settlements and Verdicts in Oklahoma

April 22, 2023

Montana Personal Injury Law and Settlements

by Ronald V. Miller, Jr.

In this post, we will provide an overview of the law of personal injury in Montana. We will also provide summaries of recent jury verdicts and publicly reported settlements in Montana injury cases.

Montana 3-Year Statute of Limitations in Injury Cases

Like all states, Montana has a strict deadline for how long a plaintiff can wait before filing a civil lawsuit. This law is known as a statute of limitations. If the plaintiff does not file their case before the statute of limitations expires, they will lose their right to sue.

April 7, 2023

Sample Minnesota Birth Injury Lawsuit

by Ronald V. Miller, Jr.

Below is an example of a Minnesota birth injury lawsuit, which outlines the facts of the case, the allegations of negligence, and the causes of action against the defendant in a shoulder dystocia birth injury claim.

Birth Injury Lawsuit

IN THE DISTRICT COURT COUNTY OF HENNEPIN, STATE OF MINNESOTA

April 7, 2023

Massachusetts Hospital Malpractice Verdicts and Settlements

by Ronald V. Miller, Jr.

Let’s take a look at hospital malpractice verdicts and settlements in Massachusetts in recent years. I’m writing this on March 31, 2021 so we do not have a ton in recent years.

Why? Hospitals in Massachusetts — or anywhere — are usually not racing to the courthouse steps to try cases. They have too much in PR and goodwill to risk a loss so they settle the good cases they could lose.

$2,750,000 Verdict (Massachusetts 2019): A man underwent a coccygectomy at Massachusetts General Hospital. Following the procedure, he suffered a wound infection. The man subsequently developed osteomyelitis, recurring anal fistulas, pudendal neuralgia, sexual dysfunction, and rectal and urological problems. He alleged that the surgeon’s negligence caused these permanent injuries. The man claimed he failed to recognize infection signs, order additional testing, and provide follow-up monitoring. He also made a vicarious liability claim against MGH. The defense denied liability. A Boston jury awarded $2,750,000.