Medical | Kentucky Court Report

Attorney Sidebar: Using on-line medical videos to learn about injuries. Here are some tips and uses.

by Michael Stevens | Feb 11, 2018 | Attorney Sidebar, Evidence, Medical, Trial Practice | 0 |

Here is a sample illustration of a lumbar (L5-S1) video that shows the steps. Might be for learning purposes for patient and lawyer, but there may be sources out there that can prepare specific videos for demonstrative evidence....

Case Note: Ronald Eggemeyer vs. Dr. Ted H. Jefferson, COA, Published 6/12/2015

by Michael Stevens | Jun 20, 2015 | Case Notes, COA Decisions, Medical, Opening & Closing Argument, Opinions and Editorials, Torts, Trial Practice | 0 |

Ronald Eggemeyer vs. Dr. Ted H. Jefferson, COA, Published 6/12/2015 [Editor’s note: This decision reflects a major miscarriage of justice which will result in a third trial on a medical negligence issue. It is a worthy...

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)

by Michael Stevens | Mar 5, 2015 | Case Notes, COA Decisions, Instructions, Medical, Torts | 0 |

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,...

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)

by Michael Stevens | Jan 24, 2015 | Case Notes, Civil Procedure, COA Decisions, Jurisdiction, Medical, Opinions and Editorials, Torts | 0 |

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...

Kentucky Court of Appeals Decisions (Minutes ) for August 23, 2013 (Nos. 802-828); 27 decisions posted and no cases are “To Be Published”)

by Michael Stevens | Aug 29, 2013 | COA Minutes, Court of Appeals, Medical, Minutes - COA and SCOKY, Trial | 0 |

Medical illustrations can take your diagnostic images and put them in an illustration that can be used in court, mediation or depositions to be more easily understood by jurors, adjusters, mediators and with more impact! Your...

Medical Records: Statute entitling patient one free copy means what it says one free copy and no charging! (Erikson vs. Gruner & Sims, COA, Pub. 5/17/2013)

by Michael Stevens | May 21, 2013 | COA Decisions, Medical | 0 |

Kentucky’s statute requires medical providers to provide their patients a free copy, but in the published decision of Eriksen PSC vs. Gruner & Simms PLLC, the COA held in a unanimous decision written by Judge Acree...

TORTS. WRONGFUL DEATH. MEDICAL MALPRACTICE. DIRECTED VERDICT. Marlow vs. Buck, COA, NPO 4/12/2013

by Michael Stevens | Apr 25, 2013 | Medical, Motions - Default, Set Aside, SJ etc., Torts, Trial | 0 |

MARLOW(PATRICIA), AS ADMINISTRATRIX, ET AL. VS. BUCK (JAMES) OPINION AFFIRMING NICKELL (PRESIDING JUDGE) MOORE (CONCURS) AND TAYLOR (CONCURS IN RESULT ONLY) 2012-CA-000125-MR 2012-CA-000189-MR NOT TO BE PUBLISHED 4/12/2013...

Medical Negligence Statute of Limitations not tolled for continuous course of treatment (Litsey v. Allen, COA, Pub., 6/1/2012)

by Michael Stevens | Jul 16, 2012 | COA Decisions, Defenses, Insurance, Medical, Statute of Limitations | 0 |

Retired (and Senior Judge) Joseph Lambert’s decisions are almost always a breath of fresh air in succinctness, analysis, and lack of extraneous issues. In the following decision, Senior Judge Lambert addressed the...

Damages: Increased risk of harm and lost opportunity of recovery in medical negligence cases: Gill v. Burress, COA, 4/13/2012, Published

by Michael Stevens | Jun 28, 2012 | COA Decisions, Damages, Medical | 0 |

In medical negligence cases, a misdiagnosis creates two difficult problems for the injured claimant which do not appear to be fully appreciated by our appellate courts, usually under the misguided belief that it would be...

TORTS – medical negligence, informed consent: Moore v. Saint Joseph Healthcare, Inc. (COA 11/6/2009)

by Michael Stevens | Jan 17, 2010 | COA Decisions, Insurance, Medical | 0 |

Moore v. Saint Joseph Healthcare, Inc.2008-CA-002340 11/06/09 2009 WL 3672900Opinion by Judge Stumbo; Judges Thompson and Wine concurred. The Court affirmed a summary judgment entered in favor of the appellee hospital on...

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)

by Michael Stevens | Oct 3, 2009 | Evidence, Insurance, Medical, SCOKY Decisions | 0 |

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...

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)

by Michael Stevens | Oct 3, 2009 | Administrative / Regulatory Law, Medical, SCOKY Decisions | 0 |

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...

Torts – malicious prosecution, probably cause for original medical malpractice claim: D’Angelo v. Mussler (COA 5/29/2009)

by Michael Stevens | Sep 21, 2009 | COA Decisions, Insurance, Medical | 0 |

D'Angelo v. Mussler2008-CA-001003 05/29/2009 2009 WL 1491390Opinion by Judge Moore; Judge Dixon and Senior Judge Knopf concurred. The Court affirmed a summary judgment of the circuit court in favor of the appellee attorney...

Employment – ADA, elected official, and accommodations: Kentucky Retirement Systems v. Martin (COA 5/22/2009)

by Michael Stevens | Sep 9, 2009 | COA Decisions, Employment Law / Gov't Retirement, Government, Medical | 0 |

Kentucky Retirement Systems v. Martin2007-CA-002522 05/22/2009 2009 WL 1423991Opinion by Judge Caperton; Judge Keller and Senior Judge Guidugli concurred in result only. The Court affirmed an order of the circuit court, which...

Evidence – Expert testimony by doctor regarding nurse’s standard of care permitted: Tapp v. Owensboro Medical Health System, Inc. (COA 4/10/2009)

by Michael Stevens | Sep 7, 2009 | COA Decisions, Evidence, Insurance, Medical | 0 |

Tapp v. Owensboro Medical Health System, Inc.2008-CA-000848 04/10/2009 2009 WL 960826Opinion by Judge Acree; Judge Moore and Senior Judge Knopf concurred. The Court affirmed a judgment of the circuit court dismissing a...

Corrections – fiscal court responsibility for medical expenses: Hospital of Louisa v. Johnson County Fiscal Court (COA 4/10/2009)

by Michael Stevens | Sep 7, 2009 | COA Decisions, Corrections, Criminal Law, Government, Medical | 0 |

Hospital of Louisa v. Johnson County Fiscal Court2008-CA-001302 04/10/2009 2009 WL 961145Opinion by Judge Caperton; Judge Thompson concurred; Judge Wine concurred by separate opinion. The Court affirmed a summary judgment of the...

Category: Medical

Attorney Sidebar: Using on-line medical videos to learn about injuries. Here are some tips and uses.

Case Note: Ronald Eggemeyer vs. Dr. Ted H. Jefferson, COA, Published 6/12/2015

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)

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)

Kentucky Court of Appeals Decisions (Minutes ) for August 23, 2013 (Nos. 802-828); 27 decisions posted and no cases are “To Be Published”)

Medical Records: Statute entitling patient one free copy means what it says one free copy and no charging! (Erikson vs. Gruner & Sims, COA, Pub. 5/17/2013)

TORTS. WRONGFUL DEATH. MEDICAL MALPRACTICE. DIRECTED VERDICT. Marlow vs. Buck, COA, NPO 4/12/2013

Medical Negligence Statute of Limitations not tolled for continuous course of treatment (Litsey v. Allen, COA, Pub., 6/1/2012)

Damages: Increased risk of harm and lost opportunity of recovery in medical negligence cases: Gill v. Burress, COA, 4/13/2012, Published

TORTS – medical negligence, informed consent: Moore v. Saint Joseph Healthcare, Inc. (COA 11/6/2009)

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)

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)

Torts – malicious prosecution, probably cause for original medical malpractice claim: D’Angelo v. Mussler (COA 5/29/2009)

Employment – ADA, elected official, and accommodations: Kentucky Retirement Systems v. Martin (COA 5/22/2009)

Evidence – Expert testimony by doctor regarding nurse’s standard of care permitted: Tapp v. Owensboro Medical Health System, Inc. (COA 4/10/2009)

Corrections – fiscal court responsibility for medical expenses: Hospital of Louisa v. Johnson County Fiscal Court (COA 4/10/2009)

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