Arizona Medical Malpractice Laws To prove medical negligence, a plaintiff must provide evidence that the defendant failed to meet the applicable professional standard of care and defendant’s failure proximately caused plaintiff’s injuries. A.R.S. § 12-563. To establish proximate cause, the… Read More
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Nursing Homes Experienced 96% Reduction In COVID-19 Cases Since Vaccines Became Available
The American Health Care Association and National Center for Assisted Living (AHCA/NCAL), representing more than 14,000 nursing homes and long term care facilities in the United States that provide care to approximately five million people each year, released a report… Read More
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New York Appellate Court Revives Medical Malpractice Wrongful Birth Lawsuit
The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion issued on March 24, 2021, held in a New York wrongful birth medical malpractice action, “The record demonstrates a triable issue of fact as to whether… Read More
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USC Announces $852M Settlement Of State Claims Involving George Tyndall
The University of Southern California (“USC”) announced in late March 2021 that it had reached an $852 million settlement agreement with 710 former patients of George Tyndall (“Tyndall”) who filed suit in California state court. Combined with the $215 million… Read More
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Maryland Appellate Court Affirms Transfer Of Medical Malpractice Case Based On Forum Non Conveniens
In its unreported opinion dated March 18, 2021, Maryland’s intermediate appellate court, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), affirmed the transfer of a Maryland medical malpractice case originally filed in the Circuit Court for Baltimore City… Read More
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Idaho Supreme Court Reverses Medical Malpractice Defense Verdict Because Judge Impermissibly Questioned Defense Witness
The Supreme Court of the State of Idaho (“Idaho Supreme Court”) held in its opinion filed on March 22, 2021 in an Idaho medical malpractice case: “the district court’s questioning of Dr. Hancock was an abuse of discretion because it… Read More
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Iowa Surgeon Finally Surrendered His License Following Years Of Incompetence Claims
The Iowa Capital Dispatch reported that a 40-year-old surgeon has voluntarily surrendered his Iowa medical license seventeen months after his medical license was summarily suspended and two years after his clinical privileges were suspended at various medical facilities. During his… Read More
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Pennsylvania Appellate Court Affirms Plaintiff’s Medical Malpractice Verdict, Remands For Consideration Of Life Care Planner’s Testimony
On October 26, 2018, a Pennsylvania medical malpractice jury returned a verdict against two of the defendants, finding that they were negligent and that their medical negligence was a factual cause of harm to the plaintiff. Three other defendants were… Read More
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Texas Appellate Court Affirms Summary Judgment For ER Physician In 7-Year-Old’s Asthma Death
The Court of Appeals Second Appellate District of Texas at Fort Worth (“Texas Appellate Court”) affirmed in its January 14, 2021 opinion that the defendant emergency room physician was entitled to summary judgment in a Texas medical malpractice wrongful death… Read More
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Florida Governor Signs Into Law Sweeping COVID-19 Immunity Law
On March 29, 2021, Florida’s Governor Ron DeSantis signed into law Senate Bill 72, which provides, in part: (3) In a civil action based on a COVID-19-related claim: (a) The complaint must be pled with particularity. (b) At the same… Read More
