Is it Medical Malpractice? Archives - Page 13 of 22

Maryland Federal Court Allows Guatemalan Nationals Lawsuit Involving Medical Experiments To Proceed Under Alien Tort Statute

January 17, 2019

Plaintiffs Estate of Arturo Giron Alvarez and 773 other Guatemalan nationals filed a civil action against the Johns Hopkins University and four affiliated entities, the Rockefeller Foundation, and Bristol-Myers Squibb Company. The plaintiffs alleged that the defendants subjected them or their family[...]

Texas Appellate Court Holds OB’s Mistress’ Claim She Was Tricked Into Abortion Is A Medical Malpractice Claim

December 28, 2018

The Fourth Court of Appeals San Antonio, Texas (“Texas Appellate Court”) held in its Memorandum Opinion dated November 14, 2018 that the plaintiff’s claim that the defendant OB, who had a sexual relationship with her in 2009, had tricked her into having an abortion was a health car[...]

Missouri Appellate Court Rules Expert Opinion Necessary In Hospital Medical Malpractice Case

October 29, 2018

The Missouri Court of Appeals Western District (“Missouri Appellate Court”) held in its opinion filed on October 16, 2018 that the Missouri medical malpractice plaintiff was required to produce expert testimony to establish causation in a Missouri medical malpractice case, and therefore [...]

North Carolina Supreme Court Reverses Lower Appellate Court, Finding That Plaintiff’s Claim Was Medical Malpractice, Not Ordinary Negligence

September 26, 2018

The Supreme Court of North Carolina, in it’s two-page opinion filed on August 17, 2018, “agree[d] that the majority at the Court of Appeals erred when it converted plaintiff’s claim of medical malpractice into a claim of ordinary negligence … We therefore reverse the decision of [...]

California Supreme Court Says Injured Worker Cannot Sue Comp Doctor For Medical Malpractice

September 16, 2018

The Supreme Court of California held in its published opinion filed on August 23, 2018 that “We conclude that the workers’ compensation law provides the exclusive remedy for the employee’s injuries and thus preempts the employee’s tort claims” in a case where a utilization reviewer[...]

Pennsylvania Appellate Court Rules Spilling Of Acid On Child Would Be Medical Malpractice Claim, Not Ordinary Negligence

September 3, 2018

The August 9, 2018 non-precedential decision of the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) ruled that the plaintiff’s allegation that a dermatology physician’s assistant’s (“PA”) alleged spilling of acid on a seven-year-old’s s[...]

South Carolina Supreme Court Rules Quest Diagnostics Is A Licensed Health Care Provider

August 29, 2018

The South Carolina Supreme Court held in its opinion filed on June 27, 2018 that a genetic testing laboratory that performs genetic testing to detect an existing disease or disorder at the request of a patient’s treating physician is acting as a “licensed health care provider” unde[...]

Florida Appellate Court Finds Psychiatric Patient’s Assault On Another Patient Is Ordinary Negligence, Not Medical Malpractice

August 27, 2018

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion filed on August 1, 2018 that it was unable to conclude that the act from which the plaintiff’s claim arises – the attack on the plaintiff by another patient in a Florida hospital[...]

Pennsylvania Appellate Court Allows Claim Against Mental Health Professionals Where Patient Killed Neighbor

August 5, 2018

In its opinion filed on June 29, 2018, the Pennsylvania Superior Court (“Pennsylvania Appellate Court”) ruled that the lower court had properly allowed the wrongful death claim against the defendant mental health professionals to proceed where a homicidal and suicidal mental health patie[...]

Texas Appellate Court Holds Claim Against Hospital For Patient Tased And Shot In His Room Is A Health Care Liability Claim

July 22, 2018

The Court of Appeals for the First District of Texas (“Texas Appellate Court”) held in its Memorandum Opinion filed on June 21, 2018 that the plaintiff’s negligence claim against the defendant hospital for sending armed officers to his hospital room where he was tased and shot was [...]

Indiana Appellate Court Affirms Summary Judgment For Podiatrist On Inadequate Records Claim

June 20, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 30, 2018 that the plaintiff failed to produce any evidence that would establish that the defendant podiatrist’s treatment of her fell below the applicable standard of care, and if the defen[...]

Florida Supreme Court Discusses What Is, And Is Not, A Medical Malpractice Claim

May 8, 2018

The Supreme Court of Florida (“Florida Supreme Court”) held in its opinion filed on April 26, 2018: “In accordance with the Legislature’s definition of medical malpractice and this Court’s relevant case law, we hold that for a claim to sound in medical malpractice, the act from[...]

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Category: Is it Medical Malpractice?