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New Jersey Law Journal

NJ Judge Recognizes Cause of Action for Wrongful Prolongation of Life

In a case of first impression, a New Jersey judge has ruled that the family of a woman allegedly resuscitated against her wishes may sue the hospital and its staff for wrongful prolongation of life.
7 minute read

The Legal Intelligencer

Pa. Justices Let $10M Verdict Against CHOP Stand

A more than $10 million verdict against Children's Hospital of Philadelphia over a failure to promptly diagnose an infant's bacterial meningitis remains in place after the Pennsylvania Supreme Court declined to take up the hospital's appeal.
3 minute read

New York Law Journal

Court Reinstates Med Mal Case Over Catheterization Gone Awry

An Appellate Division, First Department, panel found that issues of fact were raised as to whether Dr. May exacerbated decedent's injuries by advancing the catheter and performing excessive manipulation.
7 minute read

The Legal Intelligencer

Hospital Denied Unmarked Curb, Ramp Were Dangerous Condition

On Oct. 13, 2014, plaintiff Barbara Ladyansky, 53, was exiting a hospital in Philadelphia after an eye exam and dilation. A car which she had ordered to pick her up was waiting at the curb. When she went outside, she thought she was stepping onto the handicapped ramp but in fact had confused it with the curb, causing her to trip and fall, resulting in a fracture of her left ankle.
5 minute read

New York Law Journal

Medical Malpractice Suit Against Anesthesiologist Dismissed on Appeal

Administrations of an anesthetic were uneventful and successful in sedating the plaintiff and did not cause pain syndrome, the appeals panel ruled.
3 minute read

Daily Report Online

DeKalb Jury Awards $6M in Fatal Med-Mal Case, Clears Co-Defendant Doctor

A DeKalb County jury awarded $6 million in a medical malpractice case involving an elderly woman's death several days after surgery, but it cleared a co-defendant emergency room doctor of liability.
5 minute read

New York Law Journal

Hospital Liability Under Ostensible Agency

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: When someone is admitted to a hospital as the patient of a private attending physician, the hospital may still be subject to vicarious liability under the doctrine of ostensible agency for physicians who become involved in the patient's care during the admission. This question commonly arises with anesthesiologists and radiologists, although it may also apply where any physician is assigned by a hospital to provide a service or a consultation.
15 minute read

New Jersey Law Journal

The Use and Abuse of Informed Consent

Two recent Appellate Division cases ('Ehrlich' and 'Granovsky'), have demonstrated that the doctrine of informed consent can be abused to confuse the issues. in medical malpractice cases.
8 minute read

The Legal Intelligencer

Judge: End 'Disquieting' Use of Invalid Med Mal Defense

Seeking to finally put to rest what he called a "perplexing and disquieting" trend of medical malpractice defendants attempting to bar vicarious liability claims where a plaintiff failed to name a specific agent, a Lackawanna County judge reiterated what he said the Pennsylvania Superior Court held more than three years ago: no such bar exists.
3 minute read

The Legal Intelligencer

James v. Albert Einstein Med. Ctr., PICS Case No. 17-1456 (Pa. Super. Sep. 12, 2017) Platt, J. (16 pages).

Medical expert could testify outside of his or her primary specialty where he or she had practical work experience in or where his or her primary specialty overlapped with the specialty at issue. Judgment affirmed.
4 minute read

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