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SPECIALTY LAW - August, 2005 Health Care

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

DISEASES AND CONDITIONS


acne -- expert not permitted to testify that facial injections of liquid silicone over long period of time, administered to plaintiff as acne treatment, could have been cause systemic disease that expert called "silicon toxicity." Pauling v. Orentreich Med. Group (N.Y.App.Div. 2005), No. 5057

asphyxiation -- expert testimony necessary to support claim that mental patient died from asphyxiation after administration of Navane because he was not properly monitored. Hyman v. East Jefferson Gen. Hosp. (La.App. 2005), No. 04-CA-1222

brain damage -- neurologist's testimony on cause of infant's brain damage constituted "pure opinion testimony based upon clinical experience," which was not subject to Frye analysis. Gelsthorpe v. Weinstein (Fla.App. 2005), 897 So.2d 504

breast cancer -- claims that medical defendants had misdiagnosed patient with breast cancer and had performed unnecessary bilateral mastectomy were untimely. Kermen v. Brower (N.Y.App.Div. 2005), 93 N.Y.S.2d 3

cancer -- claims that medical defendants had misdiagnosed patient with breast cancer and had performed unnecessary bilateral mastectomy were untimely. Kermen v. Brower (N.Y.App.Div. 2005), 93 N.Y.S.2d 3

cerebral artery infarct -- expert's theory of causation of infant's cerebral artery infarct was not generally accepted in medical community. Del Maestro v. Grecco (N.Y.App.Div. 2005), No.2003-06807

childbirth -- expert report required for claims that medical defendant had denied appropriate custodial or palliative care to premature newborn infant. Smalling v. Gardner (Tex.App. 2005), No.14-03-01079-CV

-- expert's theory of causation of infant's cerebral artery infarct was not generally accepted in medical community. Del Maestro v. Grecco (N.Y.App.Div. 2005), No.2003-06807

-- neurologist's testimony on cause of infant's brain damage constituted "pure opinion testimony based upon clinical experience," which was not subject to Frye analysis. Gelsthorpe v. Weinstein (Fla.App. 2005), 897 So.2d 504

depression -- anesthesiologist was not qualified as expert with respect to care and treatment of psychiatric patient who hung herself. Dodd v. Sparks Regional Med. Ctr. (Ark.App. 2005), No. CA 04-729

falls -- action did not sound in malpractice where building maintenance had not been shown to be within scope of activities that nursing home must be licensed to perform in exercise of its care-giving function. Wild v. NS'NG, Inc. (La.App. 2004), No. 2004 CW 0933

infections -- worker's compensation law did not bar nurse's action against hospital for malpractice in treating her viral infection. Manswell v. St. Luke's Hosp. (N.Y.App.Div. 2005), 792 N.Y.S.2d 389

silicon toxicity -- expert not permitted to testify that facial injections of liquid silicone over long period of time, administered to plaintiff as acne treatment, could have been cause systemic disease that expert called "silicon toxicity." Pauling v. Orentreich Med. Group (N.Y.App.Div. 2005), No. 5057

Stevens-Johnson syndrome -- state regulations did not establish generalized duty on part of pharmacists to warn of every potentially adverse reaction to drug. Chamblin v. K-Mart Corp. (Ga.App. 2005), No. A04A2203

strokes -- action was untimely where it accrued on December 1, 2000, when defendants physician and hospital allegedly failed to diagnose stroke. Tobiassen v. Sawyer (Ala. 2004), No. 1030044

suicide -- anesthesiologist was not qualified as expert with respect to care and treatment of psychiatric patient who hung herself. Dodd v. Sparks Regional Med. Ctr. (Ark.App. 2005), No. CA 04-729

viral infections -- worker's compensation law did not bar nurse's action against hospital for malpractice in treating her viral infection. Manswell v. St. Luke's Hosp. (N.Y.App.Div. 2005), 792 N.Y.S.2d 389

wisdom teeth -- doctrine of res ipsa loquitur was not applicable to claim by dental patient whose jaw had been fractured during extraction of wisdom tooth. Howie v. Walsh (N.C.App. 2005), 609 S.E.2d 249



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