Missouri Lawyers Media » Medical Malpractice

Medicaid: Benefits – Eligibility – Farmland

Vaughn v. Department of Social Services (MLW No. 61163/Case No. ED94196 – 8 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Negligence: Ex Parte Communications – Court Order – HIPAA Preemption

State ex rel. Bobbie Jean Proctor and Vincent Proctor v. Messina (MLW No. 61195/Case No. SC90610 – 24 pages) (Supreme Court of Missouri, Fischer, J.; all concur)

Negligence: Damages Limitation – Medical Malpractice – Arkansas Law

Csiszer v. Wren, et al. (MLW No. 61018/Case No. 09-2010 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Civil Practice: HIV Disclosure – Exclusion Of Evidence – Impeachment

Ziolkowski v. Heartland Regional Medical Center (MLW No.61040/Case No. WD70708 – 17 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)

Negligence: Health Care Affidavit – Characterization Of Claim – Medical Services

J.K.M. v. Dempsey (MLW No. 60996/Case No. SD 29791 – 10 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a plaintiff sued a doctor, who injected him with a saline shot in his buttocks for a complaint of warts on his hand, and the plaintiff characterized his claims as breach of fiduciary duty and [...]

Jury finds for doctor in medical malpractice case

A St. Charles County Circuit jury found that a woman’s doctor had not breached the standard of care by failing to remove a mass from her breast.
After discovering a palpable mass in her right breast, Sharon Stanfill – whose family had a history of breast cancer – received a mammogram that identified a 1-centimeter “abnormality” [...]

Negligence: Medical Malpractice – Indemnification – Settlement Agreement

Cravens, et al. v. Smith, et al. (MLW No. 60806/Case No. 09-1924 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Where a physicians’ clinic sought indemnification from a doctor and a physicians’ placement service for a judgment against the clinic in a separate medical malpractice action brought by a patient allegedly harmed by [...]

Negligence: Medical Malpractice – Health Care Affidavit – Same Specialty

Spradling, et al. v. SSM Health Care St. Louis, et al. (MLW No. 60851/Case No. SC90613 – 11 pages) (Supreme Court of Missouri, Russell, J.; all concur)
Where a husband and wife, who brought a medical malpractice action against a neurosurgeon after he performed an allegedly negligent operation on the wife’s back, submitted a health care [...]

Jury finds for doctors in wrongful death case

SLUCare is not liable for the death of an Arkansas woman diagnosed with liver disease and a form of hepatitis, a St. Louis jury said.

Jury finds doctor followed guidelines

After Tracy Skelton suffered a catastrophic stroke in September 2007, she filed a lawsuit against two doctors, Dr. Lance Brown and Dr. Mark Farnham, whom she had seen before the stroke.

Negligence: Medical Malpractice – Cross Examination – Extrinsic Evidence

Mitchell, et al. v. Kardesch (Case No. SC90370 – 28 pages)
(1)Where a trial court prohibited a plaintiff in a medical malpractice case from asking the defendant about an admission in his deposition that he had lied in his sworn response to an interrogatory about whether his license had ever been suspended, and the plaintiff offered [...]

Jury finds for SLUCare in wrongful death case

SLUCare is not liable for the death of an Arkansas woman diagnosed with liver disease and a form of hepatitis, a St. Louis jury said.

Doctor, university win in suit over dead bowel

It took just an hour for a St. Louis jury to determine Washington University and a Barnes-Jewish Hospital doctor are not liable for a patient’s dead bowel.
Charles D. Machon and his wife sought more than $5 million for what they say was a failure to diagnose his condition. In addition to Washington University, the plaintiffs [...]

Hospital wins ‘lost chance of survival’ case

A Kansas City hospital won a case that challenged its policies for notifying physicians of abnormal test results.
The case featured the uncommon claim of “lost chance of survival.”
A widower brought the personal injury lawsuit, alleging that if St. Joseph Medical Center had informed the appropriate doctor of a chest X-ray showing potential lung cancer, his [...]

Jury: Pharmacy at fault for wrong prescription

A jury nearly split the fault in a case of a pharmacy quintupling a prescription for a blood thinner, awarding the stroke victim plaintiff $720,000.
Jeanette Settlemoir sued Overturf Drug Stores in Malden after it wrongly filled her prescription for Coumadin, an anticoagulant, giving her 5 milligram pills instead of 1 milligram pills. She alleged counts [...]

Jury sides with doctor in $5M case

It took just an hour Wednesday evening for a St. Louis jury to determine Washington University and a Barnes-Jewish Hospital doctor are not liable for a patient’s dead bowel.

Jury finds doctor was not at fault in patient’s death

An internal medicine doctor was not at fault for a retired professional photographer’s death by suffocation, a St. Louis County jury determined.

Cardiologist wins verdict in breach of contract suit

A cardiologist was awarded $329,166 in his breach of contract claim against a medical group.
Stephen Comens said SSM St. Charles Medical Group Inc. breached an employment agreement when it implemented a new compensation formula that imposed on him an annual flat overhead rate of $50,000.
Comens argued the clinic imposed the overhead rate like a tax [...]

Medicaid: Long-Term Care Benefits – Eligibility – Annuity Ownership

J.P., et al. v. Missouri State Family Support Division (MLW No. 60523/Case No. WD70994 – 15 pages)
Where the state denied Medicaid eligibility to couples, who sought long-term care benefits, based on the community spouse’s ownership of an annuity, the policy violated federal Medicaid law, so the trial court erred in denying declaratory and injunctive [...]

Negligence: Medical Malpractice – Health Care Affidavit – Timely Filing

State ex rel. John P. Tanner v. Nixon (MLW No. 60491/Case No. WD71240 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Where a plaintiff did not file a health care affidavit within 90 days of filing her petition in a medical negligence action against a dentist, the affidavit is required by Section 538.225 [...]