A former nurse in Nashville, Tennessee was criminally prosecuted for a 2017 fatal drug error, and the case has sparked much discussion about whether medical errors should lead to criminal—as opposed to civil—liability.
When the COVID pandemic first hit in early 2020, we wondered how it would affect our cases and the world of medical malpractice. By mid-2021, trials began to resume live at courthouses throughout Arizona, but unfortunately COVID and its various mutations plus lack of universal vaccinations have proven challenging. It remains to be seen whether the latest wave of COVID and Omicron will result in cancellations of trials again and more difficulties ahead.
Federal court dismissal based upon subject matter jurisdiction not a judgement on merits so claim preclusion does not apply in state court action.
The court of appeals found that under A.R.S. § 12-2604(B) a claim of institutional negligence does not require proof as to which specific individuals were negligent in causing plaintiff’s decedent’s death.
Plaintiff, a U.S. Navy veteran sought psychiatric care at a VA hospital. She brings suit against the U.S. alleging she was injured as a result of the medical negligence of two doctors at the VA hospital. She had sought treatment following a mental breakdown caused by years of workplace bullying and harassment at the hands of her supervisor.
California doctors successfully block medical board funding bill. Medical boards have an important mission. It is shameful that these reform efforts were blocked. We continue to pursue justice for patients and their families injured by medical neglect.
Best Lawyers 2022 Recognizes Ted Schmidt, Dev Sethi and Peter Akmajian.
Evidence/Medical Malpractice/Causation/Expert Witness Testimony Sampson v. Surgery Center of Peoria, No. CV-210-0024-PR (July 30, 2021) (J.Bolick) https://supremestateaz.granicus.com/player/clip/3145?view_id=11&redirect=true WHERE CAUSE OF DEATH IS DISPUTED IN MEDICAL MALPRACTICE CASE CAUSATION...
On July 30, 2021, the Arizona Supreme Court decided the case of Sampson v. Surgery Center of Peoria (No. CV-20-0024-PR) and held that for a plaintiff to prove a medical malpractice case it is generally required that the plaintiff present competent expert testimony on causation. The Supreme Court...
The TV series “Dr. Death” is airing on Peacock. It is based on a popular podcast of the same name. The show tells the tragic and true story of a dangerous, incompetent neurosurgeon in Texas who ends up severely injuring and even killing numerous patients. The protagonists are two doctors and a D...
Matt Schmidt makes partner at Schmidt, Sethi & Akmajian.
Computer researchers and doctors are working together on technology that would fully automate surgery just like self-driving cars.
Civil Procedure, Torts & HIPAAA: Pleading Claim for Negligent Disclosure of Medical Information Shepherd v. Costco Wholesale Corp., No. CV-19-0144-PR (March 8, 2021) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2021/ASC-CV190144%20-%203-8-2021%20-%20FILED%20-%20OPINION...
A federal judge has awarded more than $1 million to a veteran who claims he was sexually abused by a former physician assistant at a VA hospital in Kansas.
Dev Sethi's fertility fraud case was featured on the cover of the Tucson Weekly. Over the counter, retail DNA testing revealed that our client's physician artificially inseminated her with his own sperm, instead of the anonymous donor sperm that he promised. “It is a gross betrayal of the trus...
I have been working with University of Indiana Mauer College of Law professor Jody Madeira, investigating and prosecuting a case of fertility fraud. What is fertility fraud? It is a recently discovered phenomenon of doctors who have secretly and without permission impregnated their patients thr...
Dev Sethi is representing a mother and daughter in a fertility fraud case involving Doctor James Blute III.
Evidence/Civil Proc. R. 26(b)(4)(F)(ii): Treating Doctors as Expert Witnesses in Medical Negligence Cases Haught v. Payson Healthcare, NO. 2-CA-CV 2019 (Az App. Div. I, Ocotober 30, 2020) (J.Vasquez) https://www.appeals2.az.gov/decisions/CV20190150Opinion.pdf IMPERMISSIBLE TO ASK MULTIPLE TR...
Rules of Civil Procedure: Rule 35 Neuropsychological Examination Clayton v. Kenworthy, No. 1 CA-SA 20-0086 (App. Div. I, September 15, 2020) (J. Howe) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/SA%2020-0086%20Clayton%20v.%20Hon.%20Kenworthy.pdf RULE 35 DOES NOT GIVE COURT DISCRET...
Evidence: Behavioral Health Professional-Client Privilege In Re MH 2019-004895, No. 1 CA-MH 19-0065 (App. Div. I, June 23, 2020) (J. Brown) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2020/MH%2019-0065%20OP.pdf BEHAVIORAL HEALTH PROFESSIONAL-CLIENT PRIVILEGE PROTECTS INFORMATION OBTAIN...
Evidence: Physician/Patient Privilege in Wrongful Death Action Heaphy v. Metcalf, No. 2CA-SA 2020-0001 (App. Div. II, June 18,2020) (J. Eppich) https://www.appeals2.az.gov/decisions/SA20200001Opinion.pdf MEDICAL RECORDS OF BENEFICIARY IN WRONGFUL DEATH CASE NOT DISCOVERABLE UNLESS BENEFICIARY P...
Rules of Civil Procedure Rule 4(i) Extension of Time to Serve Complaint Sholum v. Gass, No. CV-19-0149-PR (March 30,2020) (J. Gould) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2020/CV190149.pdf RULE 4(i) REQUIRES EXTENSION OF TIME TO SERVE A COMPLAINT NOT ORIGINALLY SERVED WITHIN...
On February 20, 2020, The New York Times ran an editorial “Why are Nonprofit Hospitals so Highly Profitable?” Shockingly, this article explained that seven of the ten most profitable hospitals in American are “non-profit” hospitals. How can this be? In short, before 1969, for a hospital to be n...
Pursuant Arizona statute, a plaintiff suing a hospital emergency medicine provider must prove the case by clear and convincing evidence. A.R.S. 12-572. The “clear and convincing” standard is a higher burden of proof than “preponderance of the evidence”, which is the normal standard of proof for...
Our first Newsletter of 2020 has been released! We cover the following topics: 'Before You Rent a Scooter, Protect Yourself Legally' by Matt Schmidt 'Why You Need a Real ID& How to Get Yours Before the Deadline' by Dev Sethi 'Black Boxes in Medicine & the Implications for Malpractice Cases...
