Is it Medical Malpractice? Archives - Page 9 of 22

North Carolina Appellate Court Affirms Plaintiff’s Expert Failed To Establish Medical Negligence

November 5, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its opinion filed on October 6, 2020 in a North Carolina medical malpractice case, “Dr. Erdmann’s expert testimony, required to establish Plaintiff’s prima facie case of medical negligence, fails [...]

Texas Appellate Court Affirms That Patient’s Trip On Rug In Waiting Room Not Medical Malpractice

November 1, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) stated in its opinion filed on August 27, 2020: “A psychiatrist challenges the trial court’s denial of his motion to dismiss a patient’s claims under the Texas Medical Liability Act for failure to serve an expert r[...]

Montana Supreme Court Overturns Negligent Homicide Convictions Of Opioid-Prescribing Doctor

October 15, 2020

The Supreme Court of the State of Montana (“Montana Supreme Court”), in a 4-3 decision filed on September 16, 2020, overturned the negligent homicide convictions of a former Montana doctor who was charged with distributing dangerous drugs outside the course of a professional practice to [...]

Indiana Appellate Court Finds Claim Of Altered Medical Records Subject To Indiana’s Medical Malpractice Act

October 5, 2020

In its opinion filed on July 20, 2020, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “we conclude that the maintenance of health care records in this case including their alteration prior to the filing of the proposed complaint alleging malpractice against IU He[...]

Kansas Appellate Court Discusses Requirements For Medical Malpractice And Informed Consent Claims In Kansas

October 1, 2020

The Court of Appeals of the State of Kansas (“Kansas Appellate Court”), in its opinion dated September 25, 2020, discussed the requirements for medical malpractice claims and informed consent claims in Kansas. Kansas Medical Malpractice Claims To establish medical malpractice in Kansas, [...]

Michigan Appellate Court Affirms Primary Care Physician Not Liable For Patient’s Pregnancy Loss

September 20, 2020

The State of Michigan Court of Appeals (“Michigan Appellate Court”), in its unpublished opinion dated August 13, 2020, affirmed that the plaintiff failed to establish in her Michigan medical malpractice case that her primary care physician’s failure to contact an OB/GYN that the pl[...]

Florida Appellate Court Affirms Dismissal Of Mental Health Malpractice Claim Arising From Parkland School Shooting

September 16, 2020

In its May 27, 2020 opinion, the District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) stated, “Florida law does not recognize a duty of mental health providers to warn third parties that a patient may be dangerous. This is because of “the i[...]

Michigan Appellate Court Affirms Battery And Negligent Supervision Claims Arising From Surgical Removal Of Ovary Were Medical Malpractice Claims

September 3, 2020

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated July 23, 2020 that the plaintiff’s battery and negligent supervision claims regarding the allegedly unauthorized removal of her ovary during surgery were sounded in medical mal[...]

Maryland Hospital Sued By Transgender Man For Constitutional Violations By Not Permitting Hysterectomy

August 24, 2020

A federal lawsuit filed on July 16, 2020 in the United States District Court for the District on Maryland by a transgender man (Jesse Hammons) alleges, “As part of Mr. Hammons’s medically necessary treatment relating to his diagnosis of gender dysphoria, Mr. Hammons’s surgeon scheduled a h[...]

Nevada Supreme Court Holds Nurse’s Negligence In Administering Drug To Wrong Patient Is Ordinary Negligence

August 20, 2020

The Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated in its opinion filed on July 9, 2020: “we consider whether a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a different patient, as well as the alleged failure to[...]

Texas Appellate Court Holds Claim Against Esthetician Was Not A Health Care Liability Claim

August 16, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion filed on July 9, 2020 that “[b]ecause Gaytan’s [plaintiff’s] claims are based on the alleged acts or omissions of an esthetician not related to a physician-patient relationship, G[...]

Indiana Appellate Court Addresses Claims For Unauthorized Access To Private Health Information

August 13, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 26, 2020, “We conclude that Appellees’ claims do not fall within the purview of the MMA and that the trial court properly denied Community’s motion to dismiss. Additionally, on the clai[...]

« 1 … 4 5 6 7 8 9 10 11 12 13 14 … 22 »

Category: Is it Medical Malpractice?