Is it Medical Malpractice? Archives - Page 2 of 22

Texas Appellate Court Affirms Claim Arising From Injuries Suffered By Patient Being Helped To Car After Hospital Care Is Health Care Liability Claim

October 11, 2025

After Kathleen Holcomb (“Holcomb”) was treated at Seton Medical Center (“Seton”), Seton employees transported Holcomb from the hospital back to her car. Unfortunately, while assisting Holcomb into her car, the employees dropped her, causing her to break her foot and ankle. Ho[...]

California Supreme Court Holds Medical Malpractice Laws Do Not Apply In Ambulance Crash Case

September 12, 2025

The Supreme Court of California stated in its July 31, 2025 Opinion: “We granted review in this matter to decide whether the statute of limitations for medical professional negligence claims within the Medical Injury Compensation Reform Act (Code Civ. Proc., § 340.5)1 applies to an action for[...]

Massachusetts Court Rules Patient’s Claims of Sexual Assault Were Claims Of Medical Malpractice

September 3, 2025

In January of 2023, Doe presented to a Mass General healthcare center for a scheduled medical appointment with Dr. Lien. The appointment was for a routine physical for which Doe was then overdue. After checking in for his appointment, Doe was brought to an examination room by Knighton, a medical ass[...]

Federal Appellate Court Upholds Doctor’s Convictions For Distributing Controlled Substances In Violation Of 21 U.S.C. § 841(a)

August 5, 2025

A nurse at a medical clinic where Dr. George P. Naum, III worked prescribed controlled substances without the supervision of a doctor. Contending he knew about the nurse’s conduct but did not try to stop it, the government prosecuted Naum for conspiracy and for aiding and abetting the distribu[...]

Texas Supreme Court Affirms Claim That Doctor Is Liable For Mauling By Patient’s Service Dog Is Not Medical Malpractice Claim

August 4, 2025

A service dog attacked a young child in a restaurant. Her parents sued, among other defendants, a medical doctor who had written letters for the dog’s owner saying that her service animals help with her anxiety disorder. The parents did not dispute the correctness of the doctor’s opinions that t[...]

Florida Appellate Court Holds Claim Involving Mentally Ill Patient’s Death In Hospital Was For Medical Malpractice And Not Ordinary Negligence

April 9, 2025

The decedent, Zachary Taylor Anderson, was admitted to the Indian River Memorial Hospital (“Hospital”) emergency room after he made deep cuts to his arms, legs, and body. The Hospital had him taken into custody for involuntary examination under the Baker Act. § 394.463(1)(b)2., Fla. Sta[...]

Can Failure To Use AI Be Medical Malpractice?

February 28, 2025

An article that appeared in The Harvard Gazette in November 2020 stated, in part: “The excitement over AI [artificial intelligence] these days isn’t because the concept is new. It’s owing to rapid progress in a branch called machine learning, which takes advantage of recent advances in com[...]

Georgia Appellate Court Revives EMTALA Screening Claim But Not EMTALA Stabilization Claim

December 18, 2024

The Estate of Minnie Lee Tomlinson, by and through its executrix, Cynthia Gouge Morrison, (the“Estate”) sued Houston Healthcare (the “Hospital”), alleging that when Tomlinson arrived at the Hospital’s emergency department in an unstable emergency medical condition resulting from her chroni[...]

When Is A Medical Complication Medical Malpractice?

December 16, 2024

When we use the the term medical complication, we typically are referring to an unplanned or unexpected outcome from medical treatment. All medical care and treatment involve risks, such as developing an infection after surgery. While most risks of medical treatment are known and can be avoided with[...]

Texas Appellate Court Rules Personal Injury Claim By Person Struck By Ambulance In Intersection Is A Medical Malpractice Claim

November 17, 2024

Emergency medical technician Nicole Mirza was transporting a patient (Willis) by ambulance on an emergency basis when she entered an intersection against a red light and was struck by a pickup truck driven by Dexter Fernil. Fernil and his spouse sued Mirza and her employer, alleging that Fernil was [...]

Utah Supreme Court Rules Alleged Sexual Assault Of Patients By Physician Not Medical Malpractice Claim

October 10, 2024

Ninety-four former patients of David Broadbent, an obstetrician and gynecologist (OB-GYN), have sued him, alleging that Broadbent sexually assaulted them under the guise of providing medical treatment. Their claims against Broadbent include sexual battery, sexual assault, and intentional infliction [...]

Some Ridiculous Medical Malpractice Laws – California, Indiana, West Virginia

October 7, 2024

California – Driver’s Personal Injury Claim Against Ambulance That Rear-Ended Him Is A Medical Malpractice Claim Francisco Gutierrez was driving on Interstate 280 when he was forced to stop. Shortly after Gutierrez stopped, Tostado, who was driving an ambulance, rear-ended him. At the ti[...]

« 1 2 3 4 5 6 7 … 22 »

Category: Is it Medical Malpractice?