In its opinion filed on March 26, 2021, the Illinois Appellate Court First District Sixth Division (“Illinois Appellate Court”) stated in affirming the defense verdict in a birth injury medical malpractice case: “we cannot conclude that the jury’s general verdict… Read More
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Ohio Appellate Court Affirms Medical Malpractice Defense Verdict
On April 1, 2021, the Court of Appeals of Ohio Eighth Appellate District (“Ohio Appellate Court”) affirmed an Ohio medical malpractice verdict in favor of the defendants, stating: “Following a complete and careful review of the record, we cannot say… Read More
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Leading Causes Of Death In The United States For 2020
An article appearing online on March 31, 2021 on the JAMA Network analyzed recent vital statistics data from the National Center for Health Statistics (NCHS) National Vital Statistics System (NVSS) and reported: “Provisional estimates indicate a 17.7% increase in the… Read More
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Florida Appellate Court Affirms Trial Court’s Rejection Of Defense Race-Neutral Explanation For Striking Juror
The Florida Third District Court of Appeal (“Florida Appellate Court”), in its opinion filed on March 24, 2021, upheld a Florida medical malpractice verdict in favor of the plaintiff, finding no error with the trial court’s refusal to permit the… Read More
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Arizona Court Of Appeals Affirms Plaintiff Failed To Prove Causation In Post-Surgical Medical Malpractice Case
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
