In its published opinion dated December 29, 2020, the New Jersey Superior Court Appellate Division (“New Jersey Appellate Court”) held: “plaintiff alleges emotional distress caused by the professional negligence of a surgeon who failed to remove surgical washers from his… Read More
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West Virginia National Guard Says 42 People Wrongly Given Antibody Treatment Instead Of COVID-19 Vaccine
The West Virginia National Guard issued a statement on December 31, 2020 stating that it learned on December 30, 2020 that an “error” resulted in 42 people receiving the Regeneron antibody product instead of the Moderna Vaccine. The 42 individuals… Read More
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Pennsylvania Governor Vetoes Bill That Would Expand COVID-19 Immunity Protections
On November 30, 2020, Governor Tom Wolf of Pennsylvania vetoed House Bill 1737, which “would have undermined COVID-19 mitigation efforts and endangered the public health by enacting overly broad immunity protections from civil liability due to the pandemic.” Governor Wolf… Read More
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Dental Malpractice Claim Alleging Improper Use Of Nitrous Oxide Revived
On November 13, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) revived a New Jersey dental malpractice case alleging that an endodontist, Ira J. Zohn, DMD (“(Zohn”) and a dental office, Advanced Endodontic Associates (“AEA”),… Read More
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North Carolina Appellate Court Affirms Plaintiff’s Expert Failed To Establish Medical Negligence
The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its opinion filed on October 6, 2020 in a North Carolina medical malpractice case, “Dr. Erdmann’s expert testimony, required to establish Plaintiff’s prima facie case of medical… Read More
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Texas Appellate Court Affirms That Patient’s Trip On Rug In Waiting Room Not Medical Malpractice
The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) stated in its opinion filed on August 27, 2020: “A psychiatrist challenges the trial court’s denial of his motion to dismiss a patient’s claims under the Texas Medical Liability Act for… Read More
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Montana Supreme Court Overturns Negligent Homicide Convictions Of Opioid-Prescribing Doctor
The Supreme Court of the State of Montana (“Montana Supreme Court”), in a 4-3 decision filed on September 16, 2020, overturned the negligent homicide convictions of a former Montana doctor who was charged with distributing dangerous drugs outside the course… Read More
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Indiana Appellate Court Finds Claim Of Altered Medical Records Subject To Indiana’s Medical Malpractice Act
In its opinion filed on July 20, 2020, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “we conclude that the maintenance of health care records in this case including their alteration prior to the filing of the proposed… Read More
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Michigan Appellate Court Affirms Primary Care Physician Not Liable For Patient’s Pregnancy Loss
The State of Michigan Court of Appeals (“Michigan Appellate Court”), in its unpublished opinion dated August 13, 2020, affirmed that the plaintiff failed to establish in her Michigan medical malpractice case that her primary care physician’s failure to contact an… Read More
