Home Page -- Products -- Order Now -- Download Issue -- Contact Us -- Search

SPECIALTY LAW - July, 2005 Health Care

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

MEDICAL ACTS, OMISSIONS AND PROCEDURES


cardiac evaluation -- algorithm, and table, entitled "Cardiac Risk Stratification of Noncardiac Surgical Procedures," was properly admitted into evidence. Hinlicky v. Dreyfuss (N.Y.App.Div. 2005), 791 N.Y.S.2d 221

CAT scans -- pulmonary internist was qualified with respect to claims arising from improperly administration of intravenous dye injection. Hull v. Southern Illinois Hospital Services (Ill.App. 2005), No. 5-03-0800

catheterizations -- award of $350,000 for conscious pain and suffering during deceased inmate's 13-day hospitalization was appropriate. Arias v. State (N.Y.Ct.Cl. 2005), No. 97942

commitment -- evidence did not support involuntary commitment of patient to outpatient treatment. In re R.I. (Ia.App. 2005), No. 5-149 / 04-1203

-- evidence presented did not satisfy statutory requirement for clear and convincing evidence in support of order for temporary inpatient mental health services. In re State for the Best Interest & Protection of N.D. (Tex.App. 2004), No. 12-04-00186-CV

-- judgment temporarily committing patient suffering from schizophrenia to mental health facility for 90 days was appropriate. In re J.M. (Tex.App. 2005), No. 13-03-479-CV

-- referee's questioning of witnesses did not violate methamphetamine abuser due process rights. In re of J.H. (Ia.App. 2005), No. 5-037 / 04-1046

consent -- factual issues precluded summary judgment with respect to informed consent claims arising from death of infant during childbirth. Harris v. Hewitt (Ky.App. 2005), No. 2003-CA-002736-MR

-- physician immune from claims involving lack of informed consent and falsifying medical records. Botkin v. University of Cincinnati College of Med. (Ohio App. 2005), No. 04AP-228

-- there was sufficient consent to performance of hysterectomy where physician encountered difficulties during performance of dilation and curettage to remove dead fetus. Thibodeaux v. Jurgelsky (La. 2005), No. 2004-C-2004

credentialing -- physician's credentialing file was statutory privileged. Abels v. Ruf (Ohio App. 2005), No. 22265

diagnosis -- diagnostic examination of breast cancer patient did not constitute treatment for purpose of "continuous treatment doctrine." Friedrich v. Crystal Run Healthcare, LLP (N.Y.App.Div. 2005), 790 N.Y.S.2d 560

-- expert whose PowerPoint presentation was not produced was properly allowed to testify. Schexnayder v. Mathews (La.App. 2005), No. 04-1421

-- punitive damages were inappropriate in action alleging failure to timely diagnose pancreatic cancer. Brooking v. Polito (N.Y.App.Div. 2005), 791 N.Y.S.2d 686

-- trial court's instructions were proper -- it properly refused to allow use expert depositions to impeach defendants -- it did not display bias against plaintiff. Holda v. Blankfield (Ohio App. 2005), No. 84350

dilation and curettage -- there was sufficient consent to performance of hysterectomy where physician encountered difficulties during performance of dilation and curettage to remove dead fetus. Thibodeaux v. Jurgelsky (La. 2005), No. 2004-C-2004

dye injections -- pulmonary internist was qualified with respect to claims arising from improperly administration of intravenous dye injection. Hull v. Southern Illinois Hospital Services (Ill.App. 2005), No. 5-03-0800

emergency treatment -- malpractice plaintiffs were not entitled to raise adverse inference form hospital's failure to call as witnesses nurses who had been present in emergency room. Hawkey v. Peirsel (Pa.Super. 2005), No. 975 WDA 2004

examinations -- diagnostic examination of breast cancer patient did not constitute treatment for purpose of "continuous treatment doctrine." Friedrich v. Crystal Run Healthcare, LLP (N.Y.App.Div. 2005), 790 N.Y.S.2d 560

hydratio -- judgment ordering removal of patient's feeding tube was not void. In re Guardianship of Schiavo (Fla.App. 2005), No. 2D05-968

hysterectomies -- expert report failed to established causation between alleged negligent failure to perform vaginal ultrasound and injuries resulting from "bungled" hysterectomy. Raines v. Stephens (Tex.App. 2005), No. 10-04-00137-CV

-- there was sufficient consent to performance of hysterectomy where physician encountered difficulties during performance of dilation and curettage to remove dead fetus. Thibodeaux v. Jurgelsky (La. 2005), No. 2004-C-2004

injections -- pulmonary internist was qualified with respect to claims arising from improperly administration of intravenous dye injection. Hull v. Southern Illinois Hospital Services (Ill.App. 2005), No. 5-03-0800

intubation -- award of $350,000 for conscious pain and suffering during deceased inmate's 13-day hospitalization was appropriate. Arias v. State (N.Y.Ct.Cl. 2005), No. 97942

-- issue of fact as to whether incorrect intubation of plaintiff's decedent constituted gross departure from standard of care. Kowal v. Deer Park Fire Dist. (N.Y.App.Div. 2004), No. 2004-00863

involuntary commitment -- evidence did not support involuntary commitment of patient to outpatient treatment. In re R.I. (Ia.App. 2005), No. 5-149 / 04-1203

-- evidence presented did not satisfy statutory requirement for clear and convincing evidence in support of order for temporary inpatient mental health services. In re State for the Best Interest & Protection of N.D. (Tex.App. 2004), No. 12-04-00186-CV

medication -- patient established that physician negligently prescribed Oxycontin and failed to keep proper records. Vito v. North Med. Family Physicians, P.C., (N.Y.App.Div. 2005), No. CA 04-02238

nutritio -- judgment ordering removal of patient's feeding tube was not void. In re Guardianship of Schiavo (Fla.App. 2005), No. 2D05-968

referrals -- patient established that physician negligently failed to refer him to specialist for treatment of lower back injury. Vito v. North Med. Family Physicians, P.C., (N.Y.App.Div. 2005), No. CA 04-02238

sterilizations -- medical malpractice action filed after failed tubal ligation procedure was timely. Rose v. Garza (Ohio App. 2004), 2004 -Ohio- 6960

surgery -- algorithm, and table, entitled "Cardiac Risk Stratification of Noncardiac Surgical Procedures," was properly admitted into evidence. Hinlicky v. Dreyfuss (N.Y.App.Div. 2005), 791 N.Y.S.2d 221

-- expert improperly struck where he had extensive experience and expertise in procedure performed by defendant and was actively practicing in pertinent specialty when treatment was provided. Downing v. Larson (Tex.App. 2004), No. 09-04-167 CV

-- record supported findings that health care providers were not negligent with respect to surgery patient who, while recuperating, aspirated vomitus and died. Smith v. State (Tenn.App. 2005), No. E2004-0737-COA-R3-CV

-- surgeon qualified to testify regarding placement, creation, and post-operative care of stoma during surgery. Porter v. Sidor (Ohio App. 2005), No. 84756

tests -- expert report failed to established causation between alleged negligent failure to perform vaginal ultrasound and injuries resulting from "bungled" hysterectomy. Raines v. Stephens (Tex.App. 2005), No. 10-04-00137-CV

-- expert whose PowerPoint presentation was not produced was properly allowed to testify. Schexnayder v. Mathews (La.App. 2005), No. 04-1421

tracheotomies -- award of $350,000 for conscious pain and suffering during deceased inmate's 13-day hospitalization was appropriate. Arias v. State (N.Y.Ct.Cl. 2005), No. 97942

tubal ligations -- medical malpractice action filed after failed tubal ligation procedure was timely. Rose v. Garza (Ohio App. 2004), 2004 -Ohio- 6960

vaginal ultrasounds -- expert report failed to established causation between alleged negligent failure to perform vaginal ultrasound and injuries resulting from "bungled" hysterectomy. Raines v. Stephens (Tex.App. 2005), No. 10-04-00137-CV



Home Page -- Products -- Order Now -- Download Issue -- Contact Us -- Search