Author Archives: Dino Mastropietro

Couple files “Wrongful Life” lawsuit

A Long Beach, California couple are suing Long Beach Memorial Medical Center for wrongful life and wrongful birth claiming their negligence denied them the option of having an abortion. Javier Sanchez and Samantha Hernandez told her OB/GYN that wanted tests for genetic disorders because they said she and Sanchez could not afford to raise a child with congenital conditions. The tests were performed, but the doctor failed Read More →

Robert Durst sued in “right to sepulcher” lawsuit

Alleged murderer and  real estate firm heir, Robert Durst is being sued by the family of his first wife Kathleen, who claim he murdered her and hid the body. They are suing for $100 million in Nassau County. Durst is suspected of killing three people, including his first wife. He was arrested last March and charged with one of those murders. The suit stems from an HBO series where Read More →

Autopsies and medical malpractice

Contrary that what you might think from watching TV, hospitals are not to required to perform or offer autopsies and they usually don’t in most cases. Also, insurance companies won’t cover the cost of an autopsy. The main reason, according to consumer advocates is that physicians and hospitals fear a an autopsy could reveal medical malpractice. The laws vary from state to state, but most Read More →

Does “defensive medicine” reduce malpractice risks?

In the controversy over defensive medicine and its relationship to medical malpractice claims, studies seems to be done every couple of years that contradict each other. Now yet another study has been released. What is defensive medicine? The Congressional Office of Technology Assessment (OTA) provided this definition in 1994. Defensive medicine occurs when doctors order tests, procedures, or visits, or avoid high-risk patients or procedures, primarily Read More →

Haunted and murder houses for sale?

The Pennsylvania Supreme Court ruled in 2014 that the sellers of a house have no legal obligation to inform the buyers of the fact that murders or other awful things happened in the house. The case was brought by Janet Milliken, who in 2007 bought a home from Kathleen and Joseph Jacono for $610,000. Six months prior to her purchase, the Jacanos bought the house Read More →

Indiana City shocked at charges against star doctor

The New York Times reports that 293 patients have filed lawsuits against a heart surgeon and his partners for performing unnecessary operations.  Dr. Arvind Gandhi, is described a star At Community Hospital in Munster, Ind., Dr. Gandhi was a star. For decades, he ran a prominent practice in the bedroom suburb of 23,000 people about 30 miles southeast of Chicago. He and his partners not Read More →

Buffalo woman sues hospital for husband dying twice

An upstate woman, Tammy Cleveland is suing  DeGraff Memorial Hospital in North Tonawanda for malpractice for letting her husband die…twice. WHEC TV reports that  Michael Cleveland was first pronounced dead of a heart attack on October 10, 2014. Cleveland’s husband collapsed of an apparent heart attack in a grocery store just outside of Buffalo. He was rushed to DeGraff Memorial Hospital. When his wife arrived she Read More →

Aunt sues 12 year-old nephew for breaking her arm, loses.

A woman who sued her 8 year-old nephew for breaking her wrist in has lost her case. 54 year-old Manhattan resident Jennifer Connell sued her nephew in Connecticut Superior Court in 2013 claiming negligence. She claimed that as she arrived at her then 8 year-old nephew’s birthday party in 2011, he was excited to see her and ran up and jumped into her arms, knocking them Read More →

Are ski resorts liable for deaths due to avalanches?

The Colorado Supreme heard oral arguments on this past Tuesday  on a question that could have major impacts on their liability. Are avalanches an inherent risk of skiing, or should resorts be liable for injuries caused by sliding snow within their boundaries? The case involves Colorado’s Ski Safety Act, created in 1979 and revised in 2006. It was enacted to protect Colorado ski areas from excessive Read More →

Connecticut Supreme Court rules expanding Children’s right to sue in the death of a parent

The Connecticut State Supreme Court ruled today that children have the right to sue for the loss of parental consortium when a parent is killed. The decision breaks with precedent over limits as to how much minor children can receive as a result of a lawsuit The ruling is the result of a wrongful death lawsuit brought by the family of Jose Campos who was Read More →