Laparoscopic Surgery Claims Archives - Page 3 of 6

Virginia Supreme Court Overturns Medical Malpractice Verdict For Plaintiff For Failure To Prove Causation

March 12, 2018

In its opinion filed on February 22, 2018, the Supreme Court of Virginia (“Virginia Supreme Court”) overturned the $652,000 jury award in favor of the plaintiff in a Virginia medical malpractice case, holding that the circuit court erred in denying the defendant surgeon’s motion to[...]

New Jersey Appellate Court Holds That Subsequent Treating Physician Cannot Testify As To Standard Of Care

September 2, 2017

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its decision filed on August 15, 2017 that medical malpractice defendants may not use the plaintiff’s treating doctors to provide expert testimony relating to deviation from the standard o[...]

Oklahoma Supreme Court Says Informed Consent Requires Disclosure Of Non-Doctor’s Participation In Surgery

July 21, 2017

The Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held its in opinion filed on June 20, 2017 that the doctrine of informed consent requires a physician to obtain the patient’s consent before using a non-doctor to perform significant portions of a surgery for whi[...]

$2M Pennsylvania Medical Malpractice Jury Verdict For Botched Gallbladder Removal Surgery

June 19, 2017

A Pennsylvania medical malpractice jury recently awarded $2 million to a woman for the painful and permanent injuries she suffered as a result of her surgeon’s breach of the standard of care in performing her gallbladder removal surgery. The Pennsylvania medical malpractice jury deliberated[...]

Indiana Appellate Court Rules Expert’s Personal Practices Admissible In Medical Malpractice Case

May 12, 2017

The Court of Appeals of Indiana (“Indiana Appellate Court”) decided in its opinion filed on May 11, 2017 that cross-examination of an adversary’s medical expert on his or her personal practices can be used to impeach the expert’s credibility regarding his or her opinion on the sta[...]

Texas Appellate Court Finds Medical Malpractice Expert’s Report Deficient

May 10, 2017

In its Memorandum Opinion filed on March 21, 2017, the Court of Appeals Fifth District of Texas at Dallas (“Appellate Court”) held that the medical malpractice plaintiff’s expert’s report was deficient because it did not satisfy the statutory element of causation by setting o[...]

Georgia Appellate Court Affirms That Medical Malpractice Plaintiff Failed To Prove Causation

April 18, 2017

In its opinion filed on March 6, 2017, the Court of Appeals of Georgia Fifth Division (“Appellate Court”) held that the Georgia medical malpractice plaintiff had failed to provide sufficient expert testimony to establish that the defendants’ alleged medical negligence caused the pl[...]

Pennsylvania Appellate Court Rules Evidence Of Risks And Complications Of Surgical Procedure Irrelevant In Medical Malpractice Claim

April 16, 2017

In its unpublished opinion filed on March 29, 2017, the Superior Court of Pennsylvania (“Appellate Court”) ruled that it was error for the trial court to have allowed the defense to introduce evidence of the known risks and complications of a surgical procedure in a medical malpracti[...]

Washington Supreme Court Says Surgical Device Manufacturer Owed Duty To Warn Hospitals

March 3, 2017

In its opinion filed on February 9, 2017, the Supreme Court of the State of Washington (“Washington Supreme Court”) stated, “Manufacturers have a duty to provide warnings to consumers about the risks of their products pursuant to the Washington product liability act (“WPLA[...]

Massachusetts Appellate Court Finds Plaintiff’s Offer Of Proof Sufficient In Medical Malpractice Case

January 19, 2017

In its unreported opinion filed on January 3, 2017, the Massachusetts Appeals Court held the Massachusetts medical malpractice tribunal’s finding that the plaintiff’s offer of proof was insufficient was erroneous and thus the judgment dismissing the plaintiff’s Massachusetts medica[...]

Failed Sterilization Procedure Leads To Maryland Medical Malpractice Claim

October 30, 2016

A Maryland woman who had several young children advised her OB during her most recent pregnancy that she wished to have her tubes tied after she gave birth so that she would not have any more children because she and her husband could not afford to raise any more children. The OB agreed to perform [[...]

California Appellate Court Discusses Loss Of Earning Capacity Claim In Medical Malpractice Case

October 8, 2016

In its opinion filed on September 29, 2016, the Court of Appeal of the State of California Second Appellate District Second Division (“Appellate Court”) held in a California medical malpractice case involving negligently performed gallbladder surgery that the jury must fix a plaintiff’[...]

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Category: Laparoscopic Surgery Claims