Is it Medical Malpractice? Archives - Page 14 of 22

Georgia Supreme Court Holds Ordinary Negligence Jury Instruction Improper In Medical Malpractice Case

March 22, 2018

The Supreme Court of Georgia (“Georgia Supreme Court”) held in its opinion filed on March 5, 2018 that a very strong case of medical malpractice does not become a case of ordinary negligence simply due to the egregiousness of the medical malpractice, and the Georgia Court of Appeals erre[...]

Maryland Appellate Court Discusses What Is A “Medical Injury” Requiring Compliance With Maryland Medical Malpractice Laws

January 29, 2018

In its opinion filed on January 19, 2018, the Court of Appeals of Maryland (“Court”), which is the highest appellate court in Maryland, stated that in order for the Maryland Health Care Malpractice Claims Act (“HCA”) to apply, a plaintiff must allege a breach of a professiona[...]

Maryland Hospital Faces Class Action Lawsuit Filed By Patients Of OB-GYN Who Used Fake Name

January 8, 2018

A Maryland hospital has been sued in a class-action lawsuit filed on behalf of more than 100 women who were patients of an OB-GYN at the hospital who used a fake name to obtain hospital privileges and to treat patients that included gynecological examinations and delivering babies. The plaintiffs al[...]

Tennessee Appellate Court Says Physician’s Handshake May Or May Not Be Medical Care

December 30, 2017

The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion filed on December 19, 2017 that “[a]ccepting [the plaintiff’s] allegations as true and allowing [the plaintiff] the benefit of all reasonable inferences, we cannot conclude that [[...]

Florida Appellate Court Rules Removing Stool In Examination Room Is Ordinary Negligence, Not Medical Negligence

November 23, 2017

The District Court of Appeal First District, State of Florida (“Florida Appellate Court”) ruled in its opinion filed on November 6, 2017 that a claim involving a urologist’s removal of a stool used by a patient to ascend onto an examination table that the urologist then removed aft[...]

Kentucky Appellate Court Says Patient’s Fall From Hospital Bed Is A Medical Malpractice Claim

November 5, 2017

In its opinion rendered on October 13, 2017, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) had to decide if the res ipsa loquitor doctrine applied, which would eliminate the need for an expert witness, in a case filed by the wife of a hospital patient in whic[...]

Tennessee Appellate Court Decides Claim Involving Injury To 86-Year-Old In ICU Caused By Hot Coffee Was A Health Care Liability Claim

October 31, 2017

The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on September 28, 2017 that the trial court did not err in dismissing the plaintiff’s lawsuit alleging that an 86-year-old patient who was recovering from surgery in the intensive [...]

Texas Appellate Court Rules Promissory Estoppel Claim Was A Healthcare Liability Claim

September 20, 2017

In its August 31, 2017 Memorandum Opinion, the Court of Appeals Second District of Texas Forth Worth (“Texas Appellate Court”) stated that “[t]he lone issue is a familiar one: the often hazy question of whether a claim, though labeled otherwise, is a healthcare-liability claim sub[...]

Michigan Appellate Court Rules Hospital Fall Injury Claim Was Medical Malpractice Claim

August 13, 2017

The State of Michigan Court of Appeals (“Michigan Appellate Court”) ruled in its July 20, 2017 unreported decision that the plaintiff’s claim for damages for the injuries he sustained when he fell while walking to the bathroom in his hospital room was a claim for medical negligence[...]

New Jersey Appellate Court Reverses Dismissal Of Ordinary Negligence Claim Against Nursing Home

July 18, 2017

In an unpublished opinion filed on June 26, 2017, the Superior Court of New Jersey Appellate Division (“Appellate Court”) held that the plaintiff’s complaint against the defendant nursing home involving the injuries he suffered as a result of his fall while being transferred from h[...]

Pennsylvania Appellate Court Affirms Summary Judgment Against Pro Se Medical Malpractice Plaintiffs

July 4, 2017

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) issued a non-precedential decision on May 26, 2017 that affirmed summary judgment granted to the medical malpractice defendants because the plaintiffs failed to provide an expert report in support of their allegations of[...]

Patient’s Fall From Operating Room Table Was Ordinary Negligence, Not Medical Malpractice

June 20, 2017

A North Carolina appellate court held in its decision filed on May 16, 2017 that the plaintiff’s fall from an operating room table at the beginning of her surgery was a claim of ordinary negligence, and not medical malpractice, and therefore she was not required to follow the procedures necess[...]

« 1 … 9 10 11 12 13 14 15 16 17 18 19 … 22 »

Category: Is it Medical Malpractice?