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Bankruptcy omission does not prevent medical malpractice suit

By Y. Peter Kang (April 22, 2022, 6:06 p.m. EDT) — A Kentucky appeals panel revived a lawsuit on Friday accusing health care providers of negligently performing a medical procedure that caused brain injury to a woman, asserting that the woman failed to file the potential claim in bankruptcy court did not automatically bar action under any legal doctrine.

A three-judge panel at the Court of Appeals unanimously reversed a summary judgment ruling in favor of Dr. Jorge Rodriguez and Norton Hospital in a lawsuit accusing them of perforating patient Elizabeth Harac’s bowel during surgery with an abdominal bandage in 2013. The lawsuit alleges that due to the negligence of health care providers, she entered…

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