Medical Malpractice

Failure to Diagnose Rectal Cancer Lawsuit Ends in Beneficial Settlement

The medical malpractice attorneys of Marciano & MacAvoy, P.C. have secured a favorable settlement for another client. In this case, our client suffered from rectal cancer, which his own doctor failed to diagnose. To make matters worse, our client asked several times for his doctor to approve a colonoscopy to check for cancer or other issues, …

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Medical Malpractice – Failure to Obtain Informed Consent

Our client—a fifty-four-year-old husband and father—was referred to an ophthalmologist after his treating eye doctor noticed that a long-time spot on his eye may have grown in size. This specialist doctor advised our client that there was a 30% chance that the spot in his eye would transform into melanoma. The doctor told him this …

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Veterans Affairs Misdiagnosed Him Three Times. Now He’s Fighting Back.

Brian Tally, a veteran of the Marine Corps who lives in Temecula, California, is fighting the battle of his life. In 2016, Tally was misdiagnosed by Veterans Affairs (VA) medical professionals a total of three times, ABC7 reports. He was left with severe and permanent injuries. Consulting doctors told him that he had been the victim of …

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Michigan Jury Awards $130M In Infant Medical Malpractice Lawsuit

A jury for Michigan’s Oakland County Circuit Court has awarded over $130 million in compensation to a young boy who suffered severe brain damage after visiting the hospital in 2006. In its verdict, the Detroit jury found that two nuclear medicine technologists at the William Beaumont Hospital had caused the plaintiff severe and irreparable harm …

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New Mexico Family Awarded $73.2M In Birth Injury Lawsuit

A New Mexico state court jury has awarded $73.2 million in compensation to a mother and her child, ending a medical malpractice lawsuit in which the family accused their doctor, Jerry McLaughlin, who died in 2017 at the age of 52, of botching a high-risk childbirth, according to US News & World Report. NM Jury Grants …

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Is Connecticut’s Prison System Headed Toward A Medical Malpractice Crisis?

Connecticut’s Department of Corrections has a major problem. The state agency, which just paid out $1.3 million in a settlement to a former prisoner whose subcutaneous lymphoma was misdiagnosed for nearly 3 years, is at risk of major medical malpractice litigation. Regional attorneys are fielding call after call from prisoners and their families who say the State …

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GOP-Led House Moves To Crack Down On Class Action, Malpractice Lawsuits

Republican legislators in the US House of Representatives have taken two steps closer to their long-standing goal of restricting the civil justice system, the Washington Post reports. On Thursday, February 9, 2017, the House narrowly passed two new acts that could have a major impact on victims of medical malpractice, along with patients harmed by dangerous prescription …

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Kentucky State Congress Pushes Malpractice Review Panels

Lawmakers on both the state and federal level are moving quickly to clamp down on medical malpractice claims, putting their weight behind controversial “tort reform” measures that would place further restrictions on the rights of injured patients. Kentucky Moves To Approve Medical Malpractice Review Panels In Kentucky, the State’s House of Representatives narrowly passed a bill …

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Pretrial Medical Malpractice Screening Panels: A State Law Guide

In an attempt to discourage frivolous medical malpractice lawsuits, most states have made it harder for patients to sue healthcare providers than it would be to sue your neighbor, a convenience store or even a large pharmaceutical manufacturer. Around half of states have passed so-called “damages caps,” which limit the amount of money recoverable under …

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MD Apology Laws Boost Medical Malpractice Lawsuits, Study Finds

Laws that allow doctors to apologize for medical mistakes without the risk of increasing their legal liability do not lower the number of medical malpractice lawsuits, according to researchers at Tennessee’s Vanderbilt University. Will Increased Communication Prevent Medical Negligence Claims? Today, 32 states and the District of Columbia have enacted “apology laws,” which make apologies from …

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