Tag: ohio

Medical Malpractice Attorneys: Doctor Found Liable for Surgical Error

The Ohio Supreme Court recently ruled that a doctor was not immune from being sued simply because a medical student was observing on the day of the alleged malpractice. The lower court ruled against Dr. Marek Skoskiewicz, who argued that he was acting as an “arm of the state” because a medical student from a public school, University of Toledo College of Medicine, was present in the room. Medical malpractice attorneys say that Skoskiewicz is a private doctor who was performing surgery in a private hospital, Henry County Hospital, on a private patient, Larry Engel, Jr.

Supreme Court Says Doctor can not Hide Simply Because he was a Volunteer

new jersey philadelphia medical malpractice attorneys Ohio Supreme Court Marek SkoskiewiczJustice Paul Pfeifer wrote in his opinion, “Dr. Skoskiewicz and many other volunteer clinical faculty in Ohio provide an important service. But that service, however commendable, does not transform the volunteers behind it into an arm of the state.” Lawyers believe that this ruling ensures that the medical school is not legally liable for the doctor’s medical negligence. There was no contract of employment between the doctor and the school and medical malpractice attorneys say that this program simply allowed students to rotate through one-month clerk-ships. It is very important that young men and women entering the medical field get an opportunity to train with and study under doctors who have been in the operating room for a number of years. However, the doctor was still in control of the procedure and he was still the one who in the end was responsible for the medical malpractice injury to Mr. Engel. Doctors who commit malpractice should not be able to hide behind a medical school merely because students are sitting in on an operation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy Recall Law Suit Judge Enters First Case Management Order

new jersey philadelphia depuy hip recall lawyers Judge KatzAs a DePuy hip recall attorney, we had been providing posts that update the status of the pending Federal court DePuy recall lawsuits.

As we previously posted, the federal litigation has been designated a “Multi-District Litigation,” or MDL 2197, and has been venued in the United States District Court for the Northern District of Ohio under Judge David Katz. This consolidation only applies to DePuy claims that were filed in federal court and not to the DePuy hip claims that were filed in State Courts. Judge Katz has ordered the consolidation of these federal claims because, quote:

“the actions share factual issues as to whether DePuy’s ASR XL Acetabular Hip System, a device used in hip replacement surgery, was defectively designed and/or manufactured, and whether DePuy failed to provide adequate warnings concerning the device, which DePuy recalled along with another ASR device, the ASR Hip Resurfacing System in August 2010.”

As his first Order of business, Judge Katz entered DePuy case management Order No. 1, and made it clear that this MDL was created to consolidate the DePuy hip recall litigation,

“. . . for pretrial purposes only. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which that party has not been named, served, or added in accordance with the Federal Rules of Civil Procedure.”

Also, in case management Order No. 1, Judge Katz further ordered DePuy and Johnson & Johnson, as well as the DePuy recall victims to “take reasonable steps to preserve documents and other records, including electronic documents, containing information potentially relevant to the subject matter of this litigation.”

Below is a copy of the actual order entered by Judge David Katz:

Therefore, it appears that Judge Katz is taking the initial steps to ensure a proper and orderly pretrial process for the DePuy hip recall lawsuits. In addition, it is clear that Judge Katz is ensuring that DePuy and Johnson & Johnson preserve any and all evidence which may shed light on the nature of the product defects and DePuy’s failure to warn patients who are now involved in pending claims against DePuy. As the case proceeds, Judge Katz is expected to enter further DePuy hip lawsuit management orders over the next couple of months and, as DePuy Hip Recall attorneys, we will continue to provide any potential claimants with updated information as it is made available to us.

DePuy Hip Recall Attorneys in New Jersey and Philadelphia

If you are the recipient of a defective DePuy hip implant, contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the Mininno Law Office work to earn you the full and fair compensation that you need and deserve.