6 results for 'cat:"Sanctions" AND cat:"Medical Malpractice"'.
J. Wood adopts the magistrate judge's recommendation and grants the healthcare provider's and doctor's motion to dismiss the couple's medical malpractice action as a sanction for fabricating evidence. The action arose from injuries the husband allegedly suffered after a doctor left gauze inside his nasal cavity following a septoplasty. The couple's objections to the magistrate judge's findings, including that a cell phone video taken by the husband showing bloody materials in a basin after his doctor's appointment was fabricated, are overruled. The couple "abused the judicial process and committed a fraud upon the court" by staging the video with fake, bloody items and submitting it to the provider and doctor during discovery as a "centerpiece" of their case. The provider and doctor proved the husband did not record the video in a specific exam room.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: March 1, 2024, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: sanctions, medical Malpractice
Per curiam, the circuit finds that the district court properly dismissed medical malpractice claims alleging injury from an unsuccessful abortion because the court did not abuse its discretion by dismissing sanctions for "persistent and knowing" failure to comply with multiple court orders on discovery. Separately, the circuit referred plaintiff's counsel to the grievance panel for further investigation of her use of artificial intelligence to generate a nonexistent case citation in a reply brief, which fell below professional conduct standards. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-2057, Categories: sanctions, medical Malpractice, Attorney Discipline
[Consolidated] J. Conley grants the federal government's motions to sever and remand in two lawsuits from a pro se citizen bringing multiple claims against state and federal employees, including allegations that they falsely called the police on him, disclosed his private medical records and wrongfully prescribed him medications for his mental illness. In one case the citizen's claims against a doctor are dismissed and all his motions for appeal are denied, and in both cases all of his remaining claims are remanded to state court. Overall, both cases and at least seven other pending lawsuits from the citizen are dismissed with prejudice as sanctions for his repeated incivility toward court officials and disregard of directives issued to him. The clerk of court is to forward any of the citizen's filings to the judge's chambers, and court staff are instructed to ignore the citizen's emails.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 1, 2023, Case #: 3:23cv380, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Civil Rights, sanctions, medical Malpractice
J. Rodriguez finds a lower court ruled correctly in denying a motion for sanctions based on grievances filed with the State Bar of Texas as part of a medical malpractice suit that the parties had already settled. “Professional misconduct complainants are entitled to absolute, unqualified immunity,” and because it was the doctor who initially filed the grievance, the lawyers for the patient cannot now attempt to bring sanctions against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 31, 2023, Case #: 08-22-00235-CV, Categories: sanctions, Immunity, medical Malpractice
J. Clark finds that the lower court improperly dismissed medical malpractice claims concerning injuries a child sustained at birth after precluding certain evidence and expert witnesses proffered by her mother. The mother's attorney precipitated sanctions by failing to respond to information requests and meeting deadlines, for which a $5,000 penalty should be levied. However, prejudice will not result, and the mother should be allowed to present an amended bill of particulars, a second amended expert disclosure statement, and an expert affidavit.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 20, 2023, Case #: 536157, Categories: sanctions, Experts, medical Malpractice
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J. Pipkin finds that the trial court improperly imposed sanctions on the doctor and hospital based on a finding that their counsel violated the Health Insurance Portability and Accountability Act in a medical malpractice action brought by the patient. The patient claimed the attorney violated HIPAA by having conversations with a surgeon who works with the doctor at the hospital and by providing medical records to the surgeon without the patient's permission. The transmission of the documents to help the surgeon prepare for a deposition in the case was not a "disclosure" under HIPAA because the hospital could provide protected health information about the patient to doctors within its organization to conduct legal services. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 28, 2023, Case #: A23A0547, Categories: Health Care, sanctions, medical Malpractice