Kansas City Personal Injury Lawyer - Medical Malpractice

California State Appeals Court Reinstates Medical Malpractice Suit

Shannon Weidemann — Wed, 18 Apr 2007 14:29:53 GMT

UCI Medical Center was sued for medical malpractice in 2004 over their liver transplant program. The plantiff settled with UCI but then later wanted the settlement thrown out. A judge would not allow that and she appealed the decision to the California State Appeals Court.

Irvine, of Irvine, appealed that ruling and scored a victory Monday when a four-judge panel for the 4th District Court of Appeal said Orange County Superior Court Judge Randell Wilkinson had erred when he rejected her motion to overturn the settlement agreement.
In reinstating Irvine's case, the appeals court didn't evaluate the merits of her claims.
UCI spokesman Tom Vasich said the university was exploring its legal options.

The medical malpractice lawsuit was what caused federal investigators to look more closely at the transplant program at UCI. The program was decertified and federal funding for the program was stopped.

Originally posted at InjuryBoard by Shannon Weidemann

Mental Health Clinic to Pay $3.75M Settlement

Shannon Weidemann — Tue, 13 Feb 2007 14:34:44 GMT

A man who was treated at the KIDS of New Jersey won a $3.75 Million Settlement for mistreatment he received beginning in 1994. The clinic was a boot camp style facility to treat troubled teens and was owned by Miller Newton.

The clinic was shut down in 1998 after allegations of abuse by patients. Antonio Carrera claims he was mentally and physically abused.

Carrera's treatment was the product of a cult-like boot camp where hundreds of extremely vulnerable children were brutalized in the name of treatment, Elberg said.
An investigation by The Record in 2000 found that KIDS of New Jersey, owned by a former Methodist minister, Miller Newton, prevented patients from going to school, reading books, receiving mail or making phone calls. Only limited contact was allowed with parents.

Only a small amount of former patients came forward before the statute of limitations expired, so the number to claim damages has been small.

Originally posted at InjuryBoard by Shannon Weidemann

Malpractice Insurers Fight Proposed Legislation

Staff Writer — Mon, 01 May 2006 16:05:11 GMT

The Missouri legislature has legislation pending which would require malpractice insurers to reveal the details of their claims history and rate-setting policies to the Department of Insurance. Doctors and Trial Attorneys both support this proposed legislation.

Trial Attorneys have claimed for years that they have been used as scapegoats by the insurance carriers for rising premiums. Doctors are supporting the bill in hopes that their malpractice rates may drop. One of the purposes of the bill is to give the Department of Insurance more data in which to determine whether or not to approve a proposed rate increase by a carrier. As expected, the insurance industry does not support this bill and is doing what it can to defeat the legislation.

It is well documented that malpractice rates have actually increased in most states even after tort reform has been enacted. Clearly, the insurance industry does not want to open its books for examination in fear that their years of propaganda will be proven wrong. I hope the bill passes, because clearly the doctors need some relief form rising rates. I believe that if passed the data collected will prove to the public, politicians and doctors that the reason for the continued increase in malpractice premiums was not due to excessive lawsuits as contended by the insurers.

Originally posted at InjuryBoard by Staff Writer

Medical Providers Sued for Selling Diluted Chemotherapy Drugs

Staff Writer — Tue, 21 Mar 2006 09:35:00 GMT

Several medical providers have been sued for selling patients diluted chemotherapy drugs in Boone County, Missouri.

As one may recall, a few years ago a local Kansas City pharmacist, Robert Courtney was sued for similar actions. Mr. Courtney was also indicted and is serving time in prison for his wrongful conduct.

You can read the full story in the Kansas City Star.

It is beyond my level of comprehension that a medical provider would knowingly engage in this type of activity. Clearly these types of individuals are motivated by greed and lack a moral compass.

Originally posted at InjuryBoard by Staff Writer

Doctor Sues Hospital for Retaliation

Staff Writer — Thu, 02 Feb 2006 14:41:30 GMT

A Springfield, Missouri surgeon has sued Cox Health for retaliation for reporting unsafe and unsterile conditions in Cox South operating rooms to officials. The surgeon contends that Cox Health forced him to go through an unnecessary peer-review process in retaliation for him reporting what he felt were unsafe conditions that could have a negative impact on patient safety.

The Springfield New Leader http://www.springfieldnews-leader.com/apps/pbcs.dll/article?AID=/20060202/NEWS01/602020362/1007 has the complete article. Clearly, we need more surgeons who are willing to take a stand against the medical establishment and do what is right for their patients.

Originally posted at InjuryBoard by Staff Writer

Medical Malpractice Claims Overstated

Staff Writer — Thu, 19 Jan 2006 14:07:11 GMT

The FTCR (Foundation for Taxpayer and Consumer Rights), a consumer advocacy group, has found that, from 1986 to 1994, medical-malpractice insurers reported expected losses of $40 Billion while only paying out $27 Billion in claims.

According to FTCR founder, Harvey Rosenfield:

"By inflating their estimated 'losses' as much as 66 percent, medical-malpractice insurance companies have misled regulators, lawmakers and the public and overcharged physicians and other healthcare providers.
"Because all insurance companies use the same flawed accounting practices, it is likely that the insurance industry is responsible for several billion dollars in premium overcharges over the last few years, a period during which premiums have soared."

While data from after 1994 is unavailable, the findings closely match a study conducted by former Missouri Attorney General Jay Angoff. That study, released last summer by the Center for Justice and Democracy, found that insurance companies are taking in twice as much as they were in 2000 while paying claims at or just above that year's levels.

The New Standard has more on this medical malpractice study.

Originally posted at InjuryBoard by Staff Writer