Tag Archives: Health Care
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Summary judgment granted in premises case. Res ipsa loquitur inapplicable where mode of claimed injury required expert support.
Edward Sedlacek & Crystal Deese obtained summary judgment for their hospital client against a Plaintiff suing for premises liability and res ipsa loquitur. Plaintiff claimed to have received an electrical shock forceful enough to fracture two different bones. None of the medical experts agreed that electricity caused these twisting type fractures. The court rejected Plaintiff’s argument that a lay jury ... Read More
TAGGED: res ipsa loquitur, litigation, Health Care, Premises Liability
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No Jurisdiction in Medical Malpractice Plaintiff’s Home State
The Health Law Practice Group recently secured dismissal for a local hospital sued in Plaintiff’s home state on jurisdictional grounds. The patient sued a facility with offices located in D.C., Maryland, and Virginia. Plaintiff filed suit in his home state of Pennsylvania claiming his injury manifested there. However, the care at issue was rendered in Maryland weeks before any injury manifested. ... Read More
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Court Allows Vaccination Mandate For Health Care Workers To Go Into Effect
The Secretary of Health and Human Services issued a rule in November of 2021 requiring all health care workers be vaccinated or have a valid exemption in order for the health care facility to receive Medicare or Medicaid funding. Certain states sued to block the mandate, and the lower courts enjoined enforcement of the rule pending a determination on the ... Read More