Category: Medical

Case Note – When common law medical negligence instruction given, no need for separate failure to consent instruction (Horsley vs. Dr. Kenneth Smith and KS Eyeworks, COA Published, 2/13/2015)

COA affirmed jury verdict in favor of defendant, Dr. Kennth R. Smith and KS Eyeworks in a medical negligence and informed consent claim. The basic facts were that Dr. Smith advised he should have cataract surgery on both eyes,...

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Case Notes: A River Runs Through It in Jurisdiction issues in case involving medical treatment in Louisville but followup surgery across the Ohio River (Cooper vs. Dr. Ajith Nair, Kentuckiana Pain Specialists and Metro Specialty Surgery Center, COA NPO 1/9/2015)

  This decision highlights what the risks are when you select a Louisville physician who then ships you across the river to Indiana for surgery (where there is more favorable medical malpractice protection for the doctor...

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MEDICAL NEGLIGENCE – Hooks left in scalp during brain surgery not negligence per se: Gregory B. Nazar, MD, et al. v. Sheila Branham, Executrix of the Estate of Roe Branham (SC 4/23/2009)

Gregory B. Nazar, MD, et al. v. Sheila Branham, Executrix of the Estate of Roe Branham2004-SC-001015-DG April 23, 20092005-SC-000834-DG April 23, 2009Opinion by Special Justice Mando; Chief Justice Minton and Justice Schroder...

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REGULATORY LAW (PROFESSIONS): Physician permitted to use physical therapy billing codes: Dubin Orthopaedic Center PSC v. State Board of Physical Therapy (SC 4/23/2009)

Dubin Orthopaedic Center PSC v. State Board of Physical Therapy2007-SC-000756-DG April 23, 2009Opinion by Justice Abramson. All sitting, all concur. The State Board of Physical therapy sought to enjoin Appellant—an orthopedic...

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