Belsky Weinberg & Horowitz, LLC A Personal Injury & Workers’ Compensation Law Firm

September 2013 Archives

Insurer's Refusal to Pay Accidental Death Benefits After Man's Colon is Perforated During Surgery Upheld by Court

Scalpel.jpgA death seven hours after a colon perforation would seem to qualify as accidental. But, a woman's quest to obtain $67,000 in accidental death benefits under her husband's insurance policy has been stymied by her insurer ruling against her -- explaining that perforation is a known risk of colonoscopies -- and two federal courts deciding that the insurance company had not abused its discretion in making the decision.

Appeals Court: Trial Judge Should Not Have Taken Medical Malpractice Case from the Jury

Emergency Room.jpgA trial court that ruled that a Maryland hospital did not have a duty to prevent a schizophrenic man from leaving the emergency room and then jumping from a bridge was recently reversed by the Maryland's intermediate appellate court. The Court of Special Appeals held that a Circuit Court for Baltimore City judge should not have taken the case from the jury and that it was clear that Maryland General Hospital (MGH) owed Richard Crise a legal duty.

Study: Medical Malpractice Payments Hit New Lows in 2012

Medical Cross.jpgMedical malpractice payments to doctors continue to decline. The payments were at their lowest levels in 2012, according to a report from Public Citizen. Medical malpractice payments in 2011 also reported record low levels. Since 2003, medical malpractice payments have fallen 28.8 percent, yet national health care costs are up 58.2 percent.

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