Is it Medical Malpractice? Archives - Page 15 of 22

Pennsylvania Appellate Court Rules Evidence Of Risks And Complications Of Surgical Procedure Irrelevant In Medical Malpractice Claim

April 16, 2017

In its unpublished opinion filed on March 29, 2017, the Superior Court of Pennsylvania (“Appellate Court”) ruled that it was error for the trial court to have allowed the defense to introduce evidence of the known risks and complications of a surgical procedure in a medical malpracti[...]

Connecticut Federal Judge Says Allowing Patient To Fall Off Operating Room Table Is Ordinary Negligence

April 1, 2017

On March 7, 2017, a federal judge in Connecticut held that allowing a patient to fall off of an operating room table was ordinary negligence and not medical negligence because preventing that patient from falling off the operating room table was not something that required any medical training at a[...]

Tennessee Appellate Court Reverses Dismissal Of Non-Medical Malpractice Claim, Affirms Dismissal Of Medical Malpractice Claim

December 14, 2016

In its opinion filed on November 30, 2016, the Court of Appeals of Tennessee at Nashville (“Appellate Court”) affirmed the trial court’s dismissal of the pro se plaintiff’s medical malpractice (health care liability) claim alleged in her complaint because she failed to comply[...]

Indiana Medical Malpractice Defense Verdict For Hospital Sexual Assault Claim

December 11, 2016

On November 23, 2016, an Indiana medical malpractice jury returned its verdict in favor of the defendant hospital after an eight-day trial, finding that the hospital was not responsible for the two sexual assaults of a woman in its psychiatric unit that occurred in 2008 that were perpetrated by anot[...]

Florida Appellate Court Finds Hospital Admission Claim Was A Medical Malpractice Claim

September 21, 2016

In its opinion filed on July 20, 2016, the District Court of Appeal for the State of Florida Fourth District (“Appellate Court”) affirmed the dismissal of the plaintiff’s complaint alleging that the defendant hospital and defendant psychiatrist were negligent in having the decedent[...]

Nevada Supreme Court Holds That Scope Of Informed Consent Is A Medical Malpractice Claim And Therefore Requires A Medical Expert’s Affidavit

August 2, 2016

In its opinion filed on July 28, 2016, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) held that in a medical malpractice claim, allegations raising the scope of informed consent rather than the absence of consent to a medical procedure, even when pleaded as a battery [...]

Oregon Appellate Court Recognizes Parents’ Wrongful Birth Claim

January 22, 2016

In its decision filed on December 30, 2015, the Court of Appeals of the State of Oregon (“Appellate Court”) reversed the trial court’s dismissing the wrongful birth claim of the parents of a boy born with muscular dystrophy, holding that the trial court erred in dismissing the pare[...]

Is An Autopsy Necessary For A Medical Malpractice Wrongful Death Claim?

January 20, 2016

An autopsy, more formally known as a postmortem medical examination, is used to help determine the cause and manner of death and is often requested or ordered if the cause of death is not clear or is suspect, the decedent died under unexpected or unusual circumstances, the decedent was young, an aut[...]

Tennessee Supreme Court Affirms Dismissal Of Social Worker Malpractice Claim

November 18, 2015

In its decision filed on October 8, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) affirmed the dismissal of the plaintiffs’ health care liability lawsuit filed against a social worker because of the plaintiffs’ failure to provide timely pre-suit notice and[...]

$3.5M Georgia Negligence Verdict For Patient’s Death After Calls To Doctor Were Not Returned

September 17, 2015

On July 31, 2015, a Georgia jury returned a verdict in the amount of $3.5 million in favor of the widow of a 39-year-old man who died from pneumonia following neck surgery, as a result of the negligent failure of the receptionist at the neurosurgeon’s office to forward to the doctor the[...]

California Appellate Court Says Fall On Wet Floor Not Medical Malpractice

May 3, 2015

In a case decided on April 23, 2015, the Court of Appeal of the State of California Fourth Appellate District Division Three (“Appellate Court”) determined that a hospital patient’s claim of negligence involving her slip and fall on a recently mopped floor that lacked warning s[...]

Texas Doctor Alleges Claim Against Him For Injuries Caused By His Cow Is A Medical Malpractice Claim

April 14, 2015

A retired Texas doctor whose cows escaped from his property and caused serious injuries to a man whose motor vehicle struck the doctor’s cows on a public roadway alleges that the claim against him is a medical malpractice claim and therefore is subject to Texas’ medical malpractice l[...]

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Category: Is it Medical Malpractice?