Is it Medical Malpractice? Archives - Page 10 of 22

Florida Appellate Court Says Failure-To-Transfer Claim Is A Medical Malpractice Claim

July 13, 2020

The District Court of Appeal of the State of Florida Fifth District (“Florida Appellate Court”) stated in its opinion dated May 29, 2020, “The issue presented by these consolidated petitions is whether a claim arising out of the alleged failure to complete a medically necessary tra[...]

Louisiana Appellate Court Rules Certain Allegations Against Hospital ER Employee For Sexual Assault Of Patient Are Medical Malpractice Claims

July 11, 2020

The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”) ruled in it decision dated May 27, 2020 that certain allegations in the plaintiff’s petition alleging that an emergency room technician employed by the defendant hospital sexually assaulted a patien[...]

Florida Appellate Court Holds Negligence Case Should Have Been Dismissed For Failure To Follow Medical Malpractice Presuit Procedures

July 5, 2020

The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its unpublished opinion dated May 20, 2020, “We agree with Defendants that the complaint sounds in medical negligence and that the trial court departed from the essential requir[...]

Washington State Appellate Court Holds PCP’s Sexual Relationship With Patient May Be Medical Malpractice

July 2, 2020

The Court of Appeals of the State of Washington (“Washington Appellate Court”) held in its opinion filed on May 11, 2020: “a primary care physician who provides mental health services to a patient may be liable for malpractice for injuries arising from the doctor’s sexual relatio[...]

Texas Appellate Court Affirms Medical Malpractice Defense Verdict For Consulting Physician

June 26, 2020

In its opinion dated April 30, 2020, the Court of Appeals Eighth District of Texas El Paso, Texas (“Texas Appellate Court”) affirmed the defense verdict for a consulting physician in a Texas medical malpractice case, holding that the plaintiff “has not identified, nor have we found[...]

Study Found Top 1% Of Opioid Prescribers In U.S. Responsible For 49% Of Opioid Prescriptions

June 25, 2020

A study entitled “Opioid prescribing patterns among medical providers in the United States, 2003-17: retrospective, observational study” published on January 29, 2020 in the British medical journal BMJ reported: “In 2017, the top 1% of providers accounted for 49% of all opioid dose[...]

Texas Appellate Court Says Slip On Liquid On Floor In Hospital While Walking To Procedure Room Is A Medical Malpractice Claim

May 7, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”), in its Majority Opinion dated March 26, 2020, held that the plaintiff’s claim that the defendant hospital was negligent as a result of her fall due to a liquid on the floor was “an alleged departure from accepte[...]

Indiana Appellate Court Affirms Medical Malpractice Defense Verdict Involving Discrepancy Between ER Doc’s And Radiologist’s Interpretation Of X-Ray

April 18, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its February 21, 2020 Memorandum Decision, upheld an Indiana medical malpractice jury’s defense verdict in a case where the ER doctor interpreted a patient’s chest x-ray as normal and later a radiologist interpre[...]

CARES Act Provides Immunity To Health Care Professionals Who Provide Voluntary Health Care For COVID-19

April 9, 2020

The recently passed CARES Act (Coronavirus Aid, Relief, and Economic Security Act) provides volunteer health care providers immunity from medical malpractice claims arising out of the current COVID-19 crisis in the United States. The CARES Act states, in part: SEC. 3215. LIMITATION ON LIABILITY FOR [...]

Mississippi Supreme Court Applies Medical Malpractice Statute Of Limitations To Pharmacy Misfilled Prescription Claim

April 7, 2020

The Supreme Court of Mississippi (“Mississippi Supreme Court”) stated in its decision dated March 5, 2020 that the issue before it was whether a claim asserted against a pharmacy for allegedly mis-filling a prescription is subject to the two-year professional-malpractice statute of limit[...]

Connecticut Supreme Court Discusses Acceptable Alternatives Doctrine In Medical Malpractice Case

April 5, 2020

The Connecticut Supreme Court held in its opinion released on March 10, 2020: “We agree with the plaintiffs that the acceptable alternatives charge was improper but agree with the defendants that it was harmless. Because we determine that any error was harmless, we decline to take this opportu[...]

Connecticut Appellate Court Reinstates Lawsuit To Determine If Ordinary Negligence Or Medical Negligence Injured Plaintiff

March 28, 2020

In a case where the plaintiff alleged that a camera used during robotic surgery fell on her and injured her, the Connecticut Appellate Court stated in its decision released on March 3, 2020, “Depending on the factual circumstances, some of the allegations might support a conclusion of ordinary[...]

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Category: Is it Medical Malpractice?