Is it Medical Malpractice? Archives - Page 8 of 22

Louisiana Appellate Court Finds Fall While Boarding Van Was Not Medical Malpractice

June 27, 2021

In its opinion dated June 9, 2021, the Fifth Circuit Court of Appeal State of Louisiana (“Louisiana Appellate Court”) stated: “In this personal injury case arising from Barbara Campbell’s purported fall and subsequent injuries while boarding a van to be transported from her home [...]

Indiana Appellate Court Affirms Medical Malpractice Act Applied To Denied Access To Electronic Medical Records Claim

June 18, 2021

The wife of a man who suffered a stroke after being treated on three different occasions at the defendant health care facility filed a proposed complaint for medical malpractice on March 17, 2015, and several amended proposed complaints thereafter, with the Indiana Department of Insurance (“DOI”[...]

Massachusetts Appellate Court Approves Errors Of Judgment Instruction In Affirming Medical Malpractice Defense Verdict

June 10, 2021

The Massachusetts intermediate appellate court stated in its May 28, 2021 opinion: “The primary issue on appeal is whether the trial judge erred in giving an “errors of judgment” instruction that informs a jury in a medical malpractice case that an error of judgment by a doctor is [...]

Georgia Appellate Court Affirms Failed Medical Battery Claim

June 5, 2021

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion dated May 21, 2021 that the trial court was correct in entering summary judgment for the defendant in a case where the plaintiff alleged medical battery. The plaintiff had alleged that in March 2016, he under[...]

Texas Appellate Court Holds Fall Due To Crack In Assisted Living Sidewalk Not Health Care Liability Claim

May 26, 2021

The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”) held in its split-decision En Banc Opinion filed on May 3, 2021: “Here, the standards on which Faber bases her claim do not implicate Collin Creek’s duties as a health care provider or its duties to [...]

Texas Supreme Court Holds Mental Health Section 1983 Claim Subject To Texas Medical Liability Act’s Expert Report Requirement

May 4, 2021

The Supreme Court of the State of Texas (“Texas Supreme Court”) stated in its opinion delivered on April 16, 2021: “The questions before us are (1) whether claims asserted against a state mental health facility and its employees arising from the death of a patient, pleaded as claim[...]

89-Year-Old Hospital Patient In Argentina Declared Dead, Wakes Up During Cremation

February 28, 2021

An 89-year-old woman in Argentina went to a private hospital complaining of chest pain where she was found to also have shortness of breath. The hospital subsequently declared her dead. The local police reported, “The woman’s daughter went to the hospital at 8:45 a.m., where she met a do[...]

Was Your Baby’s Stillbirth Caused By Medical Negligence?

January 30, 2021

A stillbirth is the death or loss of a baby before or during delivery. Both miscarriage and stillbirth describe pregnancy loss, but they differ according to when the loss occurs. In the United States, a miscarriage is usually defined as loss of a baby before the 20th week of pregnancy, and a stillbi[...]

New Jersey Appellate Court Holds Medical Malpractice Plaintiff Failed To Support Claim For Emotional Distress

January 16, 2021

In its published opinion dated December 29, 2020, the New Jersey Superior Court Appellate Division (“New Jersey Appellate Court”) held: “plaintiff alleges emotional distress caused by the professional negligence of a surgeon who failed to remove surgical washers from his leg. Plain[...]

West Virginia National Guard Says 42 People Wrongly Given Antibody Treatment Instead Of COVID-19 Vaccine

January 2, 2021

The West Virginia National Guard issued a statement on December 31, 2020 stating that it learned on December 30, 2020 that an “error” resulted in 42 people receiving the Regeneron antibody product instead of the Moderna Vaccine. The 42 individuals received the antibody product at a vacci[...]

Pennsylvania Governor Vetoes Bill That Would Expand COVID-19 Immunity Protections

December 19, 2020

On November 30, 2020, Governor Tom Wolf of Pennsylvania vetoed House Bill 1737, which “would have undermined COVID-19 mitigation efforts and endangered the public health by enacting overly broad immunity protections from civil liability due to the pandemic.” Governor Wolf issued the foll[...]

Dental Malpractice Claim Alleging Improper Use Of Nitrous Oxide Revived

December 7, 2020

On November 13, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) revived a New Jersey dental malpractice case alleging that an endodontist, Ira J. Zohn, DMD (“(Zohn”) and a dental office, Advanced Endodontic Associates (“AEA”[...]

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Category: Is it Medical Malpractice?