Is it Medical Malpractice? Archives - Page 3 of 22

Some Ridiculous Medical Malpractice Laws – Tennessee, Texas, Ohio

October 5, 2024

Tennessee In Tennessee, medical malpractice victims must prove: “(1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at[...]

When Is A Mistake Considered Medical Malpractice?

September 14, 2024

Everyone makes mistakes sometimes – you miss your turnoff on the highway; you leave your cellphone on the table at a restaurant; a dark sock is put in the washing machine with a load of whites; etc. Many mistakes merely cause temporary inconvenience or result in an uncomfortable laugh. Other m[...]

North Carolina Appellate Court Holds Negligent Retention Claim Not Subject To Statute Of Repose In Medical Malpractice Case

August 27, 2024

Background Facts Plaintiffs filed a North Carolina medical malpractice lawsuit against Defendants arising out of medical care Brittany Jeanne Cottle received for back pain, while a minor, from Dr. Keith Pinkney Mankin, MD (specifically, from injuries she claimed she suffered as a result of two surge[...]

What Is Patient Safety?

August 16, 2024

The World Health Organization (WHO) states on its website: “Patient safety is defined as “the absence of preventable harm to a patient and reduction of risk of unnecessary harm associated with health care to an acceptable minimum.” “Within the broader health system context, it is[...]

Can Medical Malpractice Be Criminal?

August 13, 2024

Medical malpractice claims are civil tort claims for personal injury for which the remedy is typically monetary damages. Medical malpractice claims are not criminal claims, which makes sense because if medical malpractice was criminal in nature, many careful and competent health care providers would[...]

What Is Medical Malpractice?

August 9, 2024

“Medical malpractice” is defined by individual state laws in the United States – there is no universal or federal law regarding medical malpractice. One simple definition of “medical malpractice is “any act or omission by a physician during treatment of a patient that d[...]

Indiana Appellate Court Rules Anesthesia Machine Failure Claim Is Not Medical Malpractice Claim

August 1, 2024

While Robert Lewis (Robert) was undergoing surgery at Franciscan Alliance, Inc. d/b/a Franciscan Health Indianapolis (the Hospital), the anesthesia machine failed. Robert suffered complications and died about a week later. Roberta Miller, as Special Administrator of the Estate of Robert Lewis, Decea[...]

Georgia Appellate Court Rules No Expert Affidavit Required For Fall Claim Against Medical Assistant

July 28, 2024

On September 3, 2020, Joseph Griffin visited The Emory Clinic, Inc. (“Emory”) for a regular medical examination with Dr. David R. Propp, his long-term physician. Before being seen by Dr. Propp, Griffin was taken by Anna Smith, Dr. Propp’s medical assistant, to get weighed. Griffin [...]

New York Appellate Court Holds Claim That IVF Storage Tanks Were Not Properly Maintained Is Ordinary Negligence Claim

June 30, 2024

In a case of first impression, the New York Supreme Court, Appellate Division, First Judicial Department (“New York appellate court”) stated in its reported opinion entered on April 18, 2024: “The underlying parts of the IVF process implicate both medical malpractice and ordinary n[...]

Federal Appellate Court Holds EMS Transport Without Consent Is Medical Malpractice Claim

June 9, 2024

Thomas Sutton sought damages from Fayette EMS for allegedly falsely imprisoning, and assaulting and battering him while transporting him from a local clinic where he sought medical care to a nearby hospital for higher level care. Background Facts In March 2022, Sutton, who is a disabled veteran with[...]

Kentucky Supreme Court Rules Plaintiff Needed Expert Testimony To Prove Causation Where Hospital Employee Pushed His Wheelchair Into A Desk

April 1, 2024

The plaintiff had surgery on his left ankle to address issues with Complex Regional Pain Syndrome (CRPS) in that ankle. There were complications with the surgery when the drill bit shattered in his ankle bone. During a subsequent follow up appointment for an x-ray of his left ankle, a hospital staff[...]

Ohio Appellate Court Rules Nursing Home Resident’s Claim For Injuries Suffered From Fall From Toilet Was Medical Claim

March 2, 2024

“Medical Claim” R.C. 2305.113(E)(3) defines the term “medical claim” for statute of limitations purposes and provides, in relevant part:“Medical claim” means any claim that is asserted in any civil action against a physician, podiatrist, hospital, home, or residential facility, a[...]

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Category: Is it Medical Malpractice?