On October 25, 2011, the plaintiff, age 53, was recovering from surgery at the defendant hospital. The surgery was uneventful and he was doing well postoperatively. The nurse changed the bag of his epidural pain medication, Ropivicaine (Naropin), which was...
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Year: 2013
Year: 2013
Hospitals Must Report Certain Adverse Events
In New Hampshire and other states, hospitals are required to report the occurrance of certain bad outcomes. In New Hampshire, these egregious medical errors are termed “adverse events.” Examples of such adverse events include surgery...
Trial Court finds student hit by a drunk driver is entitled to coverage under his school bus’s insurance policy
In 2008, an 11 year old student was dropped off at his usual bus stop along a busy road. As required by the nature of the bus stop, he had to walk with his back to traffic to get to his driveway. There was no sidewalk. Shortly after exiting the school bus, a drunk...
Hospitals cannot charge self-pay patients more than they charge insurance companies
Hospitals who bill insurance companies for care rendered to a patient often accept from the insurance company an amount that is significantly less than the billed amount. A person without insurance then may have to pay more for the same care as that...
$1.5 Million jury verdict to family of deceased 36 year old despite the finding of a medical malpractice screening panel
On June 7, 2013, a Hillsborough County jury found that the defendants, a cardiologist and a cardiology group, were negligent when they failed to timely diagnose and treat coronary artery disease. Bill Landry Jr. passed out several times between April and September of...
Surplus Lines Umbrella Insurance May Be Required to Provide Uninsured Motorist Coverage in New Hampshire
McDowell & Osburn recently settled a case against a surplus lines insurer that did not want to provide uninsured motorist coverage for a 12 year-old girl who was hit by a car while walking across a street. The young girl suffered a brain...
Child with Severe Burns to Both Feet
McDowell & Osburn recently settled a case involving a two-year old child with severe burns to both feet. The two-year old was playing in the back yard of the duplex where his family rented an apartment. His mother’s boyfriend was watching him and his baby...
Immunity for N.H. Public Entities Does Not Extend to Motor Vehicles
New Hampshire public entities, such as towns, cities, counties and school disctricts, are protected by various statutory immunities that limit when they can be sued for injuring someone. There are exceptions to these immunity statutes. RSA 507-B:2 allows claims...
The United States Supreme Court finds that equitable remedies may apply to an ERISA plan
James McCutchen was in a motor vehicle accident and incurred $66,866 in medical bills. These bills were paid for by U.S. Airways’ self-funded ERISA plan. McCutchen hired an attorney and settled his claims for the maximum available insurance of $110,000. After paying...
Settlement Following Death of a Two-Month Old Infant Due to a Delayed Diagnosis of Bacterial Meningitis
Our office recently settled a case involving the death of a two-month old infant following a delayed diagnosis of bacterial meningitis. The infant presented to the hospital with signs of a serious bacterial infection, including high fever, grunting, poor feeding,...
