Is it Medical Malpractice? Archives - Page 5 of 22

West Virginia Supreme Court Holds Mishandling Fetal Remains Claim Is Medical Malpractice Claim

August 9, 2023

Underlying Facts Mishandling Fetal Remains Is Medical Malpractice: On May 17, 2018, Angela and Denny Seth Lester (“the Lesters”) presented to Charleston Area Medical Center, Inc. d/b/a Women and Children’s Hospital (“CAMC”) where Ms. Lester suffered a stillbirth, after the fetus she was ca[...]

Indiana Appellate Court Affirms Claim For Unauthorized Access To Medical Records Not Medical Malpractice Claim

June 24, 2023

Unauthorized Access To Medical Records Not Medical Malpractice: A lawsuit filed by patients who claimed that a nurse who was provided access to patient medical records by a hospital as part of her job accessed their medical records without their consent alleged, in part: CRH gave Johnson-Heck clinic[...]

Illinois Appellate Court Rules Supervising Physician In Hospital May Have Established Physician-Patient Relationship With ED Patient

March 3, 2023

Physician Established Physician-Patient Relationship: In its December 30, 2022 Opinion, the Appellate Court of Illinois First District Sixth Division (“Illinois Appellate Court”) stated: “Plaintiff argues that a genuine issue of material fact exists as to whether Dr. Collins owed a[...]

Ohio Appellate Court Remands Case To Determine If Use Of Heater-Cooler Device During Surgery Was Medical Malpractice Claim

March 2, 2023

Was Using A Heater-Cooler Device During Surgery Malpractice? On July 14, 2021, Patricia Napier filed a complaint asserting claims for negligence, wrongful death, and punitive damages. The complaint alleged that Michael Napier underwent heart surgery at Bethesda North Hospital in November 2016, and w[...]

Texas Appellate Court Holds Claim Involving Ambulance Crash Was Not Health Care Liability Claim

December 14, 2022

Ambulance Crash Was Not Health Care Liability Claim: The Texas Tenth Court of Appeals (“Texas Appellate Court”) held in its August 31, 2022 Memorandum Opinion in a case where an ambulance company contended that the claims brought against it and its driver for injuries sustained during a [...]

Indiana Appellate Court Rules Claim For Sexual Assault By Hospital Nurse Is Not Covered By Indiana’s Medical Malpractice Act

December 11, 2022

Court Rules Claim For Sexual Assault By Hospital Nurse Is Not Covered By Malpractice Act: After a hospital patient who was sexually assaulted by her nurse settled her claims against the hospital, she filed a claim under the Indiana Medical Malpractice Act (“MMA”) to obtain compensation f[...]

Texas Appellate Court Holds Claim By Doctor Shocked By Medical Device Was Medical Negligence Claim

October 25, 2022

Doctor Shocked By Medical Device Was Medical Negligence Claim: The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its Memorandum Opinion dated August 4, 2022 that a doctor’s claim that he was shocked and seriously inj[...]

Michigan Appellate Court Holds Fall From Hospital Stretcher During Transport Was Medical Malpractice Claim

September 27, 2022

Court Holds Fall From Hospital Stretcher During Transport Was Malpractice: As Leegwater, a registered nurse working in the defendant hospital’s emergency department, pushed the stretcher through the doorway to the radiology suite, 97-year-old Elaine Quick apparently moved her left leg through [...]

Michigan Appellate Court Holds Claim For Fall In Hospital Bathroom Is Medical Malpractice Claim

September 24, 2022

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its Per Curiam unpublished Opinion dated June 16, 2022 that the plaintiff’s claim involving the alleged failure of hospital staff to monitor him while he was in the bathroom when they knew he was a fall ris[...]

Indiana Supreme Court Holds Employee’s Unauthorized Access To Relatives’ Medical Records Does Not Fall Under MMA

September 1, 2022

The Indiana Supreme Court stated in its April 13, 2022 opinion where an employee of a health-care provider improperly accessed and disclosed information from numerous patients’ medical records, “We conclude that the Medical Malpractice Act does not apply to these circumstances. We then find [...]

Washington Supreme Court Holds Informed Consent Claim Cannot Be Based Solely On Misdiagnosis

August 26, 2022

The Supreme Court of the State of Washington (“Washington Supreme Court”) held in its opinion filed on June 2, 2022, “This case addresses the difference between two claims that arose from the same accident and that were based on the same medical care: a medical malpractice claim and a failure [...]

Montana Supreme Court Holds Claim Against Hospital Was For Medical Malpractice

August 19, 2022

Plaintiff Joshua Selensky (“Selensky”) visited Community Hospital of Anaconda (“CHA”) on January 25, 2017, to undergo a procedure performed by Dr. Jonathan Mercer (“Dr. Mercer”) to remove a cyst from his left testicle. Dr. Mercer was not an employee of CHA, but wa[...]

« 1 2 3 4 5 6 7 8 9 10 … 22 »

Category: Is it Medical Malpractice?