Home Medical Malpractice Bankruptcy Omission Doesn’t Bar Medical Malpractice Suit

Bankruptcy Omission Doesn’t Bar Medical Malpractice Suit

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By Y. Peter Kang (April 22, 2022, 6:06 PM EDT) — A Kentucky appellate panel on Friday revived a suit accusing health care providers of negligently performing a medical procedure which caused a woman’s brain injury, saying the woman’s failure to declare the potential claim in bankruptcy court did not automatically bar the suit under a legal doctrine.

A three-judge Court of Appeals panel unanimously reversed a summary judgment ruling in favor of Dr. Jorge Rodriguez and Norton Hospital in a suit accusing them of perforating patient Elizabeth Harac’s bowel during a lap band surgical procedure in 2013. The suit alleges that because of the health care providers’ negligence, she went into…

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