The Texas Supreme Court recently denied the request of Rio Grande Valley neurosurgeon Dr. Madhavan Pisharodi to halt the peer review process which he alleges is abusive and retaliatory. Dr. Pisharodi is accused of destroying and falsifying a patients’ records at the Valley Regional Medical Center in Brownsville, Texas. State…
Tylenol is the brand name for over-the-counter acetaminophen made by McNeil Consumer Healthcare Products, a division of Johnson & Johnson. According to the American Association of Poison Control Centers (AAPCC), more people die as a result of an overdose of acetaminophen that all or the other over-the-counter pain medications combined.…
The Texas Supreme Court recently ruled in Psychiatric Solutions, Inc. v. Palit that when a health care provider fails to provide proper safety and security for its’ employees the failure is governed by the Texas Medical Liability Act(TMLA). A psychiatric nurse was provided inadequate assistance and protection by her employer…
The Texas Supreme Court has held that a properly drafted expert report, as required by the Texas Medical Liability Act, asserting the liability of a nurse was sufficient to support the liability of the nurses’ employer. The Plaintiff, Cherie Potts, was admitted to Christus St. Catherine’s Hospital where she alleged…
A doctor examined a suicidal patient and determined that she did not meet the standard for involuntary hospitalization for psychiatric care and released her. Three days later she committed suicide by gunshot wound to the head. Her sons sued Dr. Rodriguez-Escobar alleging that he was negligent in failing to involuntarily…
Johnson & Johnson’s own internal review of the hip implant known as the Articular Surface Replacement, or ASR, indicates that approximately 40% of the implants would fail within the first five years of implantation. Johnson & Johnson recalled the troubled hip implant in mid- 2010, yet did not release their…
Sure, there are situations where trauma victims in isolated areas in immediate need of emergency surgery are rushed to the operating room by a medical helicopter. However, this seems to be more the rare exception than the rule. Most air ambulance trips are much more mundane retrievals of accident victims…
The U.S. Supreme Court has granted cert in E.M.A. ex rel Plyler v. Cansler in which the 4th Circuit Court of Appeals upheld the pro rata formula in Ahlborn. Under Ahlborn when Medicaid pays accident related medical expenses and the Plaintiff subsequently obtains a recovery Medicaid may recover a proportionate…
The Texas Supreme Court recently ruled in Texas West Oaks Hospital v. Williams that the employment related claim of a hospital employee alleging negligence on the part of the hospital resulting in injuries to the employee constituted a “health care liability claim” under Chapter 74 of the Texas Civil Practices…
In Cosmetic Procedures Clinic of North Dallas v. Ayub the Dallas Court of Appeal held that claims arising out of lazer hair removal are not healthcare liability claims governed by Texas Civil Practices and Remedies Code, Chapter 74. As non-healthcare liability claims these claims are not subject to the onerous…