Medical negligence

ATLA's Professional Negligence Law Reporter includes a broad range of medical negligence cases. Here are examples of the kinds of cases appearing in each issue ofPNLR ERISA does not require health plans to disclose physician compensation arrangements to members

The Fifth Circuit Court of Appeals held that the Employee Retirement Income Security Act (ERISA), 29 U.S.C.

1001 et seq., does not impose a fiduciary duty on health plans to disclose physician compensation and other reimbursement schemes to plan members.

Ehlmann v. Kaiser Found. Health Plan, 198 F.3d 552 (5th Cir. 2000). Improper monitoring of patient during CT scan Verdict for a man who suffered brain damage that left him in a vegetative state after undergoing a CT scan. A representative sued a hospital on his behalf, alleging a nurse had failed to monitor the man's vital signs during the scan, causing him to suffocate for at least six minutes during the procedure. *F. Dulin Kelly and *Clinton L. Kelly, both of Hendersonville, Tenn., represented plaintiff

Qualls v. Vanderbilt Univ. Med. Or, Tenn., Davidson County Cir. Ct., No. 98C-2936, Nov. 19, 1999. Failure to timely diagnose meningitis

Settlement on behalf of an infant who suffered brain damage and eventually died. His mother, on behalf of his estate, sued a pediatrician, alleging failure to timely diagnose meningitis. *Robert M. Ginsberg and Alvin H. Broome, both of New York, N.Y., represented plaintiff.

Iragorri v. Martinez, N.Y., Queens County Sup. Ct., No. 04491/92, Feb. 24,2000.

Comment. For similar cases, see Doe v. Lum, 37 ATLA L. Rep. 348 (Nov. 1994), and DeSanctis v. River Falls Med. Clinic, 35 ATLA L. Rep. 140 (May 1992). *Charles H. Cuthbert Jr., Petersburg, Va., represented plaintiff in Doe. *Gerald J. Bloch and *Randall E. Reinhardt, both of Milwaukee, Wis., represented plaintiffs in DeSanctis. Documents in Doe and DeSanctis are available through the Court Documents section in the back of this issue, courtesy of plaintiff&' counsel.

Improper handling of fetal distress

Settlement for a child who suffered cerebral palsy after she was delivered by emergency cesarean section. She sued a hospital, alleging, among other things, improper monitoring and response to fetal distress. *Ken M. Link, Fort Worth, Tex., represented plaintiff.

Doe v. Roe Ho*., Tex., Tarrant County 342d Jud. Dist. Ct., confidential docket number, Feb. 22, 2000. Failure to timely diagnose sinus cancer

Verdict for a man who was diagnosed as having squamous cell cancer and underwent radiation and surgery in which his left palate, cheek, eye socket, and eye were removed. He sued a general practitioner, physician's assistant, and their practice group, alleging failure to timely diagnose sinus cancer. Suit against a neurologist and his practice alleged improper diagnosis based on an inadequate MRI. *John M. Flora, Norfolk, Va., represented plaintiff.

Lucy v. Givens, Va., Newport News Cir. Ct., No. CL 9825926F-02, Feb. 2, 2000. Improper treatment of retinal tear

Verdict for a man who lost all sight in one eye after an unsuccessful procedure to fix a detached and tom retina. He and his wife sued an ophthalmologist, alleging improper treatment of the tear and failure to properly respond when the condition worsened. *Amos Gem and John Ratkowitz, both of Roseland, N.J., represented plaintiffs.

Davis v. Kraushar, N.J., Essex County Super. Ct., No. ESX-L-10505-97, Feb. 25, 2000. Comment: For a case alleging that an ophthalmologist and others had misdiagnosed a pseudo tumor cerebri in a woman who eventually went totally blind, see Wright v. Roe, N.J., Essex County Super. Ct., No. L-10809-96, May 17,1999. The parties settled for about $1.48 million. *Marvin Pincus, Livingston, N.J., represented plaintiff.

Physician could be liable to child voluntarily conceived after alleged negligence occurred

The New Jersey Supreme Court held that a physician could be liable for injuries sustained by a child voluntarily conceived after the alleged act of negligence took place. *Richard C. Swarbrick, Piscataway, N.J., represented plaintiffs in this case.

Lynch v. Scheininger, 744 A.2d 113 (N.J. 2000). State sovereign immunity statute does not preclude hospital's liability under EMTALA

The Eighth Circuit Court of Appeals held that a Missouri statute granting sovereign immunity to the state's political subdivisions, such as hospitals, does not preclude a hospital's liability under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. 1395dd(a) et seq. Plaintiffs in this case were represented by Todd Bartels, St. Joseph, Mo.

Root v. New Liberty Hosp. Dist., - F.3d -, No. 992988, 2000 WL 351712 (8th Cir. Apr. 6, 2000). Comment: For other EMTALA cases, see Lopez-Soto ro.

Hawayek, 175 F.3d 170 (1st Cir. 1999), 14 PNLR 151 (Oct. 1999), holding that the statute's screening and stabilization requirements should be read separately; Paz de Castellanos v. Sociedad Espanola de Auxilio Mutuo y Beneficencia de Puerto Rico, 14 PNLR 151 (Oct. 1999), alleging failure to properly examine, stabilize, or treat a woman in preterm labor; and Roberts v. Galen of Va., Inc., 119 S. Ct. 685 (1999), 42 ATIA L. Rep. 60 (Mar. 1999), holding that plaintiffs are not required to show improper motive in order to prove an improper transfer violation under EMTALA Documents in Lopez-Soto, Paz de Castellanos, and Roberts are available through the Court Documents section in the back of this issue, courtesy of plaintiffs' counsel. Hospital must produce names and addresses of patients present when alleged negligence occurred