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SPECIALTY LAW - xxx, 2005 Health Care

Cases summarized in the xxx, 2005 issue of
Specialty Law Digest: Health Care.

DISEASES AND CONDITIONS


cancer -- trial court erred in granting defendant physician's motion for directed verdict where plaintiff's expert testified that if chest film from January 15, 1999, not been read as normal, that plaintiff's decedent would have survived his cancer. Wilson v. Horton (Ohio App. 2004), 2004 -Ohio- 6841

cardiac arrests -- hospital had duty, when faced with cardiac arrest for no apparent reason, to identify and sequester anesthesia equipment until it investigated and determined whether equipment was factor in cardiac arrest and oxygen deprivation. Banks v. Sunrise Hosp. (Nev. 2004), No. 38801

cerebral palsy -- petitioners presented reasonable excuse for failing to serve timely notice of claim against hospital in which it was alleged that infant petitioner sustained damage to his brain during delivery which resulted in, inter alia, cerebral palsy. Ramirez v. County of Nassau (N.Y.App.Div. 2004), 787 N.Y.S.2d 71

childbirth -- denial writ of prohibition to prevent court from proceeding with wrongful death suit filed after wrongful death of unborn fetus and injuries to mother. Cockrum v. Fox (Ark. 2004), No. 04-42

-- petitioners presented reasonable excuse for failing to serve timely notice of claim against hospital in which it was alleged that infant petitioner sustained damage to his brain during delivery which resulted in, inter alia, cerebral palsy. Ramirez v. County of Nassau (N.Y.App.Div. 2004), 787 N.Y.S.2d 71

-- physician's decision to take no affirmative action may have amounted to violation of professional standard of care, but he was not obliged to obtain his patient's consent to his non- action. Arrabal v. Crew-Taylor (Md.App. 2004), 862 A.2d 431

-- there was sufficient evidence to support jury's decision that physician was not negligent in his care of maternity patient. In re Estate of Hagedorn (Ia. 2004), No. 146 / 03-1794

subdural hematoma -- defendants made prima facie showing of entitlement to judgment as matter of law by demonstrating that no evidence of subdural hematoma existed during plaintiff's office visits and that they did not deviate from acceptable medical practice. Viola v. City of New York (N.Y.App.Div. 2004), No. 2003-07056



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