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How has the Supreme Court addressed health care issues?
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For example, the Employee Retirement Income Security Act of 1974 (ERISA) generally preempts state laws related to employer-sponsored health plans. Below is a selection of Supreme Court cases involving health care, arranged from newest to oldest.
- Judge says AMA is right: Title X gag rule violates medical ethics. “This is madness,” wrote U.S. District Judge Michael McShane in Portland, Oregon, in a scathing rebuke of the Trump administration’s new Title X regulations that includes a gag rule dictating what physicians must and must not say to their patients in the Title X program about family planning.
- Court blocks law that would force physicians to mislead patients. A federal district court in North Dakota sided with the AMA and others and issued a preliminary injunction to block enforcement of a state law that would force physicians to violate the AMA Code of Medical Ethics and act as mouthpieces for a politically motivated message that is misleading and could harm patients.
- New Jersey court weighs whether non-patient can sue physician. The family of a New Jersey woman who died after a car-bicycle crash involving a psychiatrist’s patient wanted the right to sue the doctor who prescribed medication to the car’s driver.
- Physicians increasingly face “hybrid” medical liability claims. California physicians are increasingly facing “hybrid” lawsuits alleging professional negligence as well as medical battery from plaintiffs who want to avoid the state’s long-standing $250,000 limit on what juries can award for noneconomic damages in medical liability cases.
Dec 7, 2018 · There were five cases that stood out as examples of both the scope of the Litigation Center’s docket and the gravity of the issues for which they advocate on behalf of physicians and their patients.
- $111 Million Verdict in Minnesota: Thapa v. St. Cloud Orthopedic Associates
- 4 Million Verdict in Iowa: Kromphardt v. Mercy Hospital
- $75 Million Verdict in Georgia: Buckelew v. Womack
- 8 Million Verdict in Florida: Crohan v. University Community Hospital, Inc.
- $30 Million Verdict in Georgia: Threat v. Gamble-Webb
- $27 Million Verdict in Iowa: Dudley v. Iowa Physicians Clinic
- 4 Million Verdict in Missouri: Harris v. Sandri
- 7 Million Verdict in Pennsylvania: Melendez v. MO
- $18 Million Verdict in Pennsylvania: Downes v. Carpenter
In May 2022, shock waves were sent through healthcare and personal injury circles across the country with this massive verdict. The plaintiff, Anuj Thapa, was a 17-year-old student, recently arrived in the country from Nepal, who was injured while playing indoor soccer. He went to St. Cloud Hospital with a broken leg and underwent surgery that nigh...
The largest medical malpractice verdict in Iowa history was handed down in this birth injury case. Approximately $42.2 million of the $97.4 million compensation was awarded for future medical or custodial care, and the remainder was awarded for loss of future earning capacity, pain and suffering, and other damages. When Kathleen Kromphardt was admi...
In another Georgia case, a 32-year-old man sued multiple healthcare providers for medical malpractice leading to catastrophic brain damage and locked-in syndrome (L.I.S.) after he suffered a stroke. L.I.S. refers to a condition that some people with brain damage can suffer where they have total paralysis but are still conscious and possess their no...
In this Florida case, four physicians were found to be medically negligent and financially liable to the plaintiff, in different amounts. The plaintiff, Miranda Crohan, was admitted to the hospital after collapsing due to severe hyponatremia (low blood sodium). The critical care physicians responsible for her care in the hospital were found to have...
This verdict in a Georgia birth injury medical malpractice suit was awarded to both the mother and baby. In this case, the mother, Ms. Threat, was in labor and given medication to increase her contractions, but her intense contractions caused severe bleeding and collapse. Ms. Threat had a rare and serious complication known as an amniotic fluid emb...
In November 2022, a large verdict was handed down in Iowa to Joseph Dudley, a man who went to an urgent care clinic with symptoms of high fever, disorientation, and an abnormal heart rate and breathing. He was misdiagnosed with the flu by the physician assistant in charge, despite testing negative for flu, and sent home with Tamiflu and pain reliev...
Another record-breaking verdict was handed down in April 2022, with the largest medical malpractice verdict ever awarded in the Kansas City area. In this case, Ms. Harris was a laboring mother who was given excessive doses of Pitocin, a medication used to accelerate labor, over a period of more than 6 hours. The excessive dosing was evident on feta...
Diana Melendez was awarded $19.7 million for a failure to diagnose a dural arteriovenous fistula (a mass on her spinal cord). She first began complaining of symptoms to her primary care doctor at Penn Medicine in 2012, but her doctor did not order tests that would have revealed the lesion. She did not receive a diagnosis until 2017 when she went to...
A record was set in Chester County, Pennsylvania, with $18 million awarded to plaintiff, Kerri Downes, for failure to diagnose her breast cancer. After finding a lump in her breast, she saw a nurse practitioner twice in March 2018 but was told that it was benign and was not sent for further testing or imaging. Nine months later, she was diagnosed w...
Dec 14, 2021 · A Supreme Court ruling against Cummings, however, could gut private enforcement of federal civil rights laws, erode efforts to advance health equity, and leave victims of discrimination with fewer tools to combat bias, stigma, and mistreatment.
Jul 17, 2020 · The basics of the civil tort offence of negligence are explained with step-by-step explanations. Key judgments and application of legislation in key medical negligence cases are discussed. Relevant medicolegal issues and negligence statistics are discussed.
Aug 31, 2015 · The American Civil Liberties Union, the ACLU of Michigan, and Cary McGehee of the law firm Pitt McGehee Palmer Rivers & Golden have filed an amended lawsuit in federal court today on behalf of a woman who was forced out of work after she became pregnant.
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