Is it Medical Malpractice? Archives - Page 12 of 22

The Underbelly Of The Stem Cell Industry Exposed

August 28, 2019

The results of a joint investigation undertaken by The New Yorker and ProPublica that was published on May 7, 2019 entitled “The Birth-Tissue Profiteers” found that “alongside legitimate, scientifically proven treatments, an industry has sprung up in which specialized clinics offer[...]

Florida Appellate Court Holds Fall From Exam Table After Medical Examination Was Ordinary Negligence, Not Medical Malpractice

August 26, 2019

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held in its opinion filed on August 7, 2019: “We thus conclude that jurors can use their common experience to determine whether, after a medical diagnostic test has been completed, the act of leavin[...]

Florida Appellate Court Holds Claim That Nurse Allowed Patient To Fall From Hospital Bed When She Answered Her Telephone Sounds In Medical Negligence

August 24, 2019

The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its opinion dated August 21, 2019 that a claim that a nurse who allegedly caused a patient, designated as a “fall risk,” to fall while helping the patient out of his hospital bed [...]

Indiana Appellate Court Says Claim Against Group Home Was For Medical Malpractice

July 22, 2019

The decedent received inpatient treatment for mental illness for five months after which he was admitted to the defendant group home that offered supervised living for patients who do not require inpatient services. The defendant group home, which is licensed as a Supervised Group Living home throug[...]

Maryland Appellate Court Rules Medical Malpractice Complaint Was Filed Too Late

July 17, 2019

Maryland’s Health Care Malpractice Claims Act (“the Health Care Claims Act”), codified in Maryland Code (1976, 2013 Repl. Vol.), Courts & Judicial Proceedings Article (“CJP”), § 3-2A-01, et seq., mandates that claims against a health care provider seeking damages (if [...]

Connecticut Supreme Court Holds Doctor Can Be Held Liable For STD Transmitted To Patient’s Girlfriend

July 15, 2019

In a four-to-three decision of the Connecticut Supreme Court filed on July 12, 2019, the Connecticut Supreme Court decided whether a physician who mistakenly informs a patient that he does not have a sexually transmitted disease (STD) may be held liable in ordinary negligence to the patient’s excl[...]

New York Appellate Court Says Opioid Prescribing Doctor Must Face Medical Malpractice Wrongful Death Claim

June 16, 2019

The June 13, 2019 Decision and Order of the New York Supreme Court, Appellate Division, First Department (“New York Appellate Court”) stated that the New York medical malpractice wrongful death plaintiff’s theory of liability is that the defendant doctor prescribed high-dose opioid pai[...]

Minnesota Supreme Court Holds Physician-Patient Relationship Not Necessary For Medical Malpractice Claim

June 9, 2019

The State of Minnesota Supreme Court (“Minnesota Supreme Court”) held in its opinion filed on April 17, 2019 that a physician-patient relationship is not a necessary element of a claim for professional negligence (medical malpractice). A physician owes a duty of care to a third party whe[...]

Indiana Appellate Court Holds Negligent Dissemination Of Confidential Medical Information Was Ordinary Negligence, Not Medical Malpractice

May 16, 2019

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 6, 2019 that “the MMA [Indiana Medical Malpractice Act] is not applicable to claims involving negligent dissemination of protected health information and thus the trial court erred in grant[...]

Brachial Plexus Birth Injury Statistics In The United States

March 14, 2019

For every 1,000 live births in the United States, there are 0.5 to 3 brachial plexus birth injuries. Almost 30% of those with brachial plexus birth injury (“BPBI”) have permanent neurological deficits or impairments. Over the course of decades, fluctuating rates of BPBI have been reporte[...]

Pennsylvania Appellate Court Discusses Two Schools Of Thought Doctrine In Unnecessary Stent Medical Malpractice Case

March 12, 2019

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its opinion filed on February 27, 2019 that although it was error for the trial judge to instruct the Pennsylvania medical malpractice jury with regard to the two schools of thought doctrine in a Pennsylvania med[...]

Ohio Appellate Court Affirms Defense Verdict In Laparoscopic Cholecystectomy Malpractice Case

March 4, 2019

The Ohio Court of Appeals Ninth Judicial District (“Ohio Appellate Court”) in its Decision and Journal Entry dated February 20, 2019 upheld the defense verdict reached by a Ohio medical malpractice jury, concluding “that the jury’s verdict was not against the manifest weight of t[...]

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Category: Is it Medical Malpractice?