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SPECIALTY LAW - September, 2005 Health Care

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

DISEASES AND CONDITIONS


bile duct -- jury verdict for physician reversed where he admitted that he made series of misidentifications during surgery which led to bile duct injury. Walker v. Corsetti (La.App. 2005), No. 04-CA-784

brain damage -- notice was timely given to surgeon and his assistant with respect to severe, permanent brain damage patient suffered at city hospital. Visser v. Mahan (Colo.App. 2005), 111 P.3d 575

breast cancer -- summary dismissal of malpractice claims not warranted. Beyer v. Melgar (N.Y.App.Div. 2005), No. 003-11332

cancer -- defendant physician's expert medical witness testified that initial diagnosis of cervical spine arthritis was consistent with reported symptoms and X-ray examinations. Lawrence v. Capital Care Med. Gp., LLC (N.Y.App.Div. 2005), 788 N.Y.S.2d 269

-- lost chance of recovery recognized in action alleging that delay in diagnosing metastasized gastric (stomach) cancer caused decedent's death. Gordon v. Kemper (Ky.App. 2005), No. 2002-CA-001983-MR

-- MCL 600.2912a(2) required plaintiff to show that decedent's chances of survival fell more than fifty percent between time of defendant physician's alleged malpractice and initial discovery of decedent's lung cancer. Klein v. Kik (Mich.App. 2005), No. 250679

-- summary dismissal of malpractice claims not warranted. Beyer v. Melgar (N.Y.App.Div. 2005), No. 003-11332

cauda equine syndrome -- 12-hour delay in evaluating patient was not shown to be cause of his death from chronic liver disease. McCarthy v. St. Joseph's Med. Ctr. (N.Y.App.Div. 2005), 791 N.Y.S.2d 544

childbirth -- statute which prohibited wrongful birth claims barred parents' claim for negligent infliction of emotional distress. Vanvooren v. Astin (Idaho 2005), 111 P.3d 125

-- statute which required testing of newborns for metabolic diseases was not unconstitutional. Douglas County v. Anaya (Neb. 2005), 694 N.W.2d 601

corneas -- court erred in not allowing cross-examination of defendant's expert as to his personal approach to measurement of patient's corneas on day of LASIK surgery. Smethers v. Campion (Ariz.App. 2005), 108 P.3d 946

dental abscesses -- direct verdict in favor of dentist charged with failure to diagnose dental abscess was proper. Maxwell v. Mehta (N.Y.App.Div. 2005), 792 N.Y.S.2d 647

falls -- claim that hospital's failure to provide proper supervision for patient suffering from seizures sounded in malpractice -- expert testimony required. Lomonaco v. United Health Svcs. Hosps., Inc. (N.Y.App.Div. 2005), 791 N.Y.S.2d 737

gastric cancer -- lost chance of recovery recognized in action alleging that delay in diagnosing metastasized gastric (stomach) cancer caused decedent's death. Gordon v. Kemper (Ky.App. 2005), No. 2002-CA-001983-MR

heart attacks -- no waiver of objection by plaintiff to admission of defendant physician's testimony evidence where plaintiff had elicited other testimony from defendant. Pettus v. Gottfried (Va. 2005), 606 S.E.2d 819

HIV -- physician committed malpractice by disclosing, without patient's consent, his HIV status in worker's compensation report which was sent to his employer. Francies v. Kapla (Cal.App. 2005), 26 Cal.Rptr.3d 501

infections -- direct verdict in favor of dentist charged with failure to diagnose dental abscess was proper. Maxwell v. Mehta (N.Y.App.Div. 2005), 792 N.Y.S.2d 647

-- physician was qualified to render expert opinion to effect that chiropractor should have known that staff infection was not amenable to chiropractic treatment. Enslen v. Kennedy (Cal.App. 2005), 26 Cal.Rptr.3d 274

kidney stones -- genuine issue of material fact existed as to whether plaintiff's consent to surgery was vitiated by defendant physician's alleged misrepresentation of fact. Holt v. Alexander (Tenn.App. 2005), No. W2003-02541-COA-R3-CV

liver disease -- 12-hour delay in evaluating patient was not shown to be cause of his death from chronic liver disease. McCarthy v. St. Joseph's Med. Ctr. (N.Y.App.Div. 2005), 791 N.Y.S.2d 544

lung cancer -- MCL 600.2912a(2) required plaintiff to show that decedent's chances of survival fell more than fifty percent between time of defendant physician's alleged malpractice and initial discovery of decedent's lung cancer. Klein v. Kik (Mich.App. 2005), No. 250679

nerve injury -- mere happening instruction that stated that negligence was never presumed conflicted with res ipsa loquitur instruction. Carver v. El-Sabawi (Nev. 2005), 107 P.3d 1283

obesity -- gastric bypass surgery was not covered by insurance policy which specifically excluded coverage for weight modification. Cain v. Fortis Ins. Co. (S.D. 2005), 694 N.W.2d 709

seizures -- claim that hospital's failure to provide proper supervision for patient suffering from seizures sounded in malpractice -- expert testimony required. Lomonaco v. United Health Svcs. Hosps., Inc. (N.Y.App.Div. 2005), 791 N.Y.S.2d 737

staff infections -- physician was qualified to render expert opinion to effect that chiropractor should have known that staff infection was not amenable to chiropractic treatment. Enslen v. Kennedy (Cal.App. 2005), 26 Cal.Rptr.3d 274

stomach cancer -- lost chance of recovery recognized in action alleging that delay in diagnosing metastasized gastric (stomach) cancer caused decedent's death. Gordon v. Kemper (Ky.App. 2005), No. 2002-CA-001983-MR

vocal cords -- claims that anesthesiologist injured patient's vocal cords untimely -- statute not tolled by continuous treatment doctrine. Harris v. North Shore Univ. Hosp. at Syosset (N.Y.App.Div. 2005), No. 004-07664



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