The United States Court of Appeals for the Second Circuit (“Federal Appellate Court”), in its decision dated January 26, 2021, held: “Razmzan was acting within the scope of his employment when he performed the delivery services. Razmzan was fulfilling his… Read More
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Texas Appellate Court Applies Heightened Standard Of Care In Dismissing Birth Injury Medical Malpractice Case
In a Texas medical malpractice case decided by the Texas Court of Appeals, Third District, at Austin (“Texas Appellate Court”) on February 10, 2021, the plaintiff argued that the trial court erred in determining that the medical care the defendants… Read More
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Was Your Baby’s Stillbirth Caused By Medical Negligence?
A stillbirth is the death or loss of a baby before or during delivery. Both miscarriage and stillbirth describe pregnancy loss, but they differ according to when the loss occurs. In the United States, a miscarriage is usually defined as… Read More
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California Appellate Court Holds Jury Instruction Regarding Statute Of Limitations Was Proper In Medical Malpractice Case
The January 7, 2021 unpublished opinion of the Court of Appeal of the State of California Second Appellate District Division Eight held in a California medical malpractice case where the jury determined that the plaintiffs’ lawsuit was filed after the… Read More
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$2M Connecticut Medical Malpractice Settlement For Failure To Test For Cystic Fibrosis During Pregnancy
The plaintiffs’ Connecticut medical malpractice claim alleged that their second child was born with cystic fibrosis because the wife’s OB failed to provide genetic testing during their first pregnancy despite their request for testing. Their claim was recently settled for… Read More
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$2.6M Mississippi Fetal Medical Malpractice Verdict Against OBGYN
On November 20, 2020, after a one-week trial, a Mississippi medical malpractice jury returned its verdict in favor of a woman who gave birth by emergency Cesarean section delivery at 32 weeks gestation on January 30, 2012 to a baby… Read More
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New York Appellate Court Affirms $46M Birth Injury Medical Malpractice Verdict
The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion dated November 4, 2020, affirmed a New York birth injury medical malpractice verdict in the amount of $46 million, finding that the jury’s verdict was supported… Read More
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Georgia Appellate Court Holds Gross Negligence Standard Applies To Shoulder Dystocia Injury During Delivery
The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion dated October 23, 2020 in a Georgia medical malpractice birth injury case where the baby suffered injuries due to shoulder dystocia that occurred during labor and delivery:… Read More