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SPECIALTY LAW - July, 2005 Health Care

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

DISEASES AND CONDITIONS


aspiration -- 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

birth defects -- South Carolina would not recognize common law cause of action for "wrongful life" brought by or on behalf of child born with severe congenital defects. Willis v. Wu (S.C. 2004), No. 25915

bladder dysfunction -- 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

breast cancer -- 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

cancer -- 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

cardiac arrest -- 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

childbirth -- 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

-- South Carolina would not recognize common law cause of action for "wrongful life" brought by or on behalf of child born with severe congenital defects. Willis v. Wu (S.C. 2004), No. 25915

-- 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

congenital birth defects -- South Carolina would not recognize common law cause of action for "wrongful life" brought by or on behalf of child born with severe congenital defects. Willis v. Wu (S.C. 2004), No. 25915

dog bites -- 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

drug abuse -- 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

extravasation -- 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

falls -- trial court erred in denying nursing home's motion to compel arbitration in connection with medical malpractice action filed against it on behalf of resident who had fallen from her bed. In re Ledet (Tex.App. 2004), No. 04-04-00411-CV

HIV -- provisions of workers compensation statute gave employer right to know patient's HIV status where he had sought treatment for work-related injury. Meld v. Barnett (Ky. 2005), 157 S.W.3d 596

infections -- 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

lacerations -- 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

nerve damage -- 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

pancreatic cancer -- 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

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

pregnancy -- nurse who was not pregnant at time health care provider decided not to rehire her was protected by Pregnancy Discrimination Act. Kocak v. Community Health Partners of Ohio, Inc. (C.A. 6, Ohio 2005), 400 F.3d 466

rectus muscle entrapment -- 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

urological injuries -- 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



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