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New York: Expert affidavit to be considered on summary judgment motions – whether or not the expert has been previously disclosed.

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/ Blog, Medical Case Review, Medical Expert Witness, Medical Malpractice, Misdiagnosis, Negligence

The Governor of New York has signed S5188/A6265 into law. This legislation overrules a line of decisions, including Construction by Singletree, Inc. v. Lowe, 55 A.D.3d 861 (2d Dep’t 2008), Garcia v. New York, 98 A.D.3d 857 (1st Dep’t 2012), Rivers v. Birnbaum, 102 A.D.3d 26 (2d Dep’t 2012) and DeSimone v. New York, 119 … Continued

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20 Frequently Misdiagnosed Conditions

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/ Blog, Brain & Spinal Injury, Medical Expert Witness, Medical Malpractice, Misdiagnosis, Negligence, Neurology

Medical malpractice comes in various forms, all of which may warrant a law suit. The primary cause of medically-related litigation is misdiagnosis, as doctors do not always get it right. Here are many of the top conditions healthcare professionals overlook or identify incorrectly: Aortic Dissection Appendicitis Cancer Celiac Disease Cluster headaches Depression Endometriosis Fibromyalgia Heart … Continued

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Fetal Assault: A New Tennessee Law with a Huge Loophole

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/ Blog, Medical Legal, Negligence, Neonatal, Over Prescription, Substance Abuse

In Tennessee, when a child is born addicted to drugs (particularly narcotics), it is considered fetal assault. Mothers can escape fetal assault charges if they have a prescription for said drugs during their pregnancy. Pain clinics, referred to as “pill mills” by law enforcement, are common in Tennessee, and make it easy for the public, … Continued

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Study Reveals Newborns Equally Threatened by Non-Resistant Infections. Calls for Change in Protocol at Neonatal Care Facilities.

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/ Blog, Legal Nurse Consulting, Medical Case Review, Medical Expert Witness, Medical Legal, Medical Malpractice, Negligence, Neonatal

A recent study published by JAMA Pediatrics found that non-resistant staph infections occur more than twice as often in newborns as resistant strains. Though the bacteria respond to antibiotics, they still have nearly as high a death rate among newborns as antibiotic-resistant strains, like MRSA. Researchers concluded that these findings point to a need for … Continued

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Kentucky Nursing Homes Seek Less Regulation

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/ Blog, Medical Case Review, Medical Expert Witness, Medical Legal, Medical Malpractice, Negligence, Nursing Home Abuse, Trial Attorneys

The executive director of the Kentucky Association of Health Care Facilities stood before a legislative committee in Frankfurt, KY, last month to petition what she explained as overly strict enforcement of nursing home regulations. She argued that Kentucky nursing homes were too often cited for not meeting regulations, which encouraged excessive litigation in a legal … Continued

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