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Specified Medical |
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Visit gone awry. A medical staffing company provided trained medical personnel, including physicians, to various organizations. The company provided a physician to conduct a comprehensive orthopedic exam of a patient who was seeking disability from a state department of social services. After the exam,the patient claimed an injury as result of the exam, and filed suit against the physician and the medical staffing company. Suit is pending. | |||
| Cause and effect. A 92-year old nursing home resident fell from her wheelchair while sitting without a waist restraint. She was taken to a hospital emergency room but was later returned to the home. Two days later, she returned to the hospital, where she was diagnosed as having a blood infection. Amos three weeks later she died of complications from the infection. The woman is survived by five adult children. Three of the children sued the nursing home, alleging its nursing assistant had failed to properly restrain her while she used the wheelchair, in violation of her treatment plan. The plaintiffs argued that the injuries their mother sustained in the fall including extensive bruises and laceration to her face and knees interfered with her ability to fight the subsequent infection and reduced her chance of survival. A medical review panel ruled against plaintiffs, finding that the alleged failure to restrain the victim did not constitute medical negligence. Before trial, the plaintiffs successfully excluded the panel opinion form admission in evidence, arguing that plaintiffs' claims did not fall within the realm of the state's medical negligence act. The jury awarded $98,400, including $60,000 for the woman's lost chance of survival and $30,000 under one of the state's elder abuse statutes. | ||||
In California: BSR Insurance Services CA Lic # 0E72686 |
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Claims Examples provided by Markel. |
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Please remember that each situation is unique. This page is provided for informational purposes only and does not constitute legal advice. Do not hesitate to contact us regarding your particular situation. |
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