Is it Medical Malpractice? Archives - Page 11 of 22

Coronavirus (COVID-19) And Medical Malpractice – Part One

March 17, 2020

During these concerning times, when there is so much information about the coronavirus (COVID-19) that is unknown and unknowable, it is important to not overreact, to stay calm, to stay informed from reliable sources, to minimize our exposure, and to support each other in ways that can help us get t[...]

Texas Supreme Court Holds Bridal Shop’s Ebola-Related Claim Against Hospital Was A Medical Negligence Claim

March 15, 2020

In September 2014, the defendant hospital cared for a patient who was infected with the Ebola virus. A nurse who attended the patient at the hospital later visited a bridal shop in Ohio. Upon returning to Dallas, the nurse became ill and was diagnosed as having contracted the virus and recovered aft[...]

Illinois Appellate Court Affirms Medical Malpractice Defense Verdict Where Expert Not Allowed To Demonstrate Medical Procedure

February 27, 2020

The Appellate Court of Illinois First Judicial District Fifth Division (“Illinois Appellate Court”) held in its Order filed on February 7, 2020 that the trial court did not abuse its discretion by refusing to allow the Illinois medical malpractice plaintiff’s expert to perform a de[...]

Arizona Appellate Court Rules Claim For Fall From Wheelchair Not Subject To Nursing Home Arbitration Agreement

February 14, 2020

The Arizona Court of Appeals Division One (“Arizona Appellate Court”) ruled in its decision dated January 28, 2020: “Plaintiffs’ claims are not for “medical malpractice” under the arbitration agreement because pushing a wheelchair from breakfast is not a “medical service”[...]

Why Can’t I Find A Medical Malpractice Lawyer To Help Me?

December 8, 2019

“Why can’t I find a medical malpractice lawyer to help me?” It is often difficult to find medical malpractice attorneys on your own to help you with your medical malpractice claim – not every instance of medical malpractice, no matter how obvious, will result in the victim be[...]

How Do I Know If My Injury Is Due To Medical Malpractice?

December 7, 2019

“How do I know if my injury is due to medical malpractice?” This is a question we receive often. Our usual response is if you have reason to ask the question, you have reason to explore whether someone is responsible for causing your unanticipated or unexpected harm suffered as a result [...]

How Hard Is It To Prove Medical Malpractice?

November 9, 2019

“How hard is it to prove medical malpractice?” We get this question a lot. Even if it seems “obvious” that a physician or other medical provider was negligent (for example, when a surgeon operates on the wrong body part, such as operating on the left knee instead of the right[...]

Illinois Appellate Court Affirms Defense Verdict In Wrong Site Back Surgery Case

November 8, 2019

The Appellate Court of Illinois Second District (“Illinois Appellate Court”), in its Order dated October 22, 2019, affirmed the medical malpractice defense verdict in an Illinois medical malpractice case where the defendant surgeon planned to operate on the 54-year-old plaintiff’s [...]

Nevada Supreme Court Remands Medical Malpractice Case For Consideration Of Ordinary Negligence Claims

November 6, 2019

By Order dated October 21, 2019, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated: “The district court concluded that the deficiency in Dolorfino’s [plaintiff’s] medical malpractice claim rendered her entire complaint void ab initio and dismissed[...]

Failure To Check Patient’s Identity, Medical Records Mixup Result In Abortion Provided To Wrong Woman

October 10, 2019

A woman in South Korea who was six weeks pregnant went to a clinic to have a nutritional injection. Instead, she received an unwanted abortion because the medical staff at the clinic failed to check her identity and there was a mixup in the medicals records between her and a woman who had gone to [&[...]

Texas Appellate Court Holds Claim By Ambulance Passenger For Injuries After Driver Fell Asleep And Crashed Was Not Medical Malpractice Claim

October 9, 2019

The Texas Eleventh Court of Appeals (“Texas Appellate Court”) held in its opinion filed on September 12, 2019 that the claim of the mother of a minor child who was accompanying her child in an ambulance and was injured when the driver fell asleep, the ambulance left the roadway, and the [...]

California Appellate Court Holds Discovery Rule Applies To Medical Battery Claims

September 24, 2019

The Court of Appeal of the State of California First Appellate District Division Five (“California Appellate Court”) held in its opinion filed on August 30, 2019 that the discovery rule applies to medical battery claims. Battery A battery is any intentional, unlawful and harmful contact [...]

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Category: Is it Medical Malpractice?