Medical Malpractice Laws Archives - Page 102 of 143

New York Appellate Court Applies Continuous Treatment Doctrine In Allowing Medical Malpractice Claim

March 2, 2018

The State of New York Court of Appeals (“New York Appellate Court”), which is New York’s highest appellate court, applied the continuous treatment doctrine to a New York medical malpractice claim in its decision filed on February 18, 2018, thereby holding that summary judgment was [...]

Tennessee Appellate Court Reinstates Medical Malpractice Case

March 1, 2018

The Court of Appeals of Tennessee at Jackson (“Tennessee Appellate Court”) held in its opinion filed on February 9, 2018 in a Tennessee medical malpractice case in which the plaintiff appealed the dismissal of her claim on the basis of the expiration of the statute of limitations and the[...]

Texas Supreme Court Finds Medical Malpractice Plaintiff’s Expert Report Sufficient

February 28, 2018

The Supreme Court of Texas (“Texas Supreme Court”) held in its opinion filed on February 2, 2018 that the trial court and the lower appellate court were wrong in finding that the plaintiff’s expert report was deficient, stating “[b]ecause his report identifies the ‘cond[...]

South Carolina Appellate Court Applies Statute Of Repose To Overturn Summary Judgment For Medical Malpractice Defendants

February 26, 2018

The State of South Carolina Court of Appeals (“South Carolina Appellate Court”) overturned summary judgment that the trial court had entered in favor of the defendant physician and the defendant medical university in a case decided on February 7, 2018, finding that the circuit court erre[...]

Illinois Appellate Court Reduces Medical Malpractice Verdict For Future Damages By $15M Because Plaintiff Died During Jury Deliberation

February 23, 2018

The Illinois Appellate Court, Second Division (“Illinois Appellate Court”) in its decision filed on February 6, 2018 held that the Illinois medical malpractice jury’s award of $22 million to the plaintiff must be reduced by $15 million, the portion of the award for future damages, [...]

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

February 19, 2018

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) held in its unpublished opinion filed on February 6, 2018 that the plaintiff’s offer of proof in a Massachusetts medical malpractice case was sufficient to raise a legitimate question appropriate for [...]

Oregon Supreme Court Recognizes Wrongful Birth Claim, Rejects Wrongful Life Claim

February 10, 2018

In its opinion dated February 8, 2018, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) recognized wrongful birth claims but rejected wrongful life claims in Oregon, thereby affirming the lower appellate court’s decision. In the case the Oregon Supreme Court was de[...]

New York Appellate Court Allows Punitive Damages for Destroying Medical Records In Medical Malpractice Case

February 6, 2018

In its opinion filed on January 17, 2018, the Appellate Division of the Supreme Court of New York, Second Department (“New York Appellate Court”) held: “we now hold that where, as here, a plaintiff recovers compensatory damages for a medical professional’s malpractice, a plai[...]

New York’s “Lavern’s Law” Signed Into Law

February 2, 2018

On January 31, 2018, New York Governor Andrew Cuomo signed into law “Lavern’s Law,” which changes the medical malpractice law in New York so that the two-and-a-half year statute of limitations in New York medical malpractice cancer cases begins to run on the date of discovery of th[...]

Utah Appellate Court Imputes Nurse’s Concealment Of Medication Error To The Nursing Home Where She Was Employed

January 31, 2018

The Utah Court of Appeals (“Utah Appellate Court”) held in its opinion filed on January 19, 2018 that the defendant nursing home’s efforts to avoid full liability for its nurse’s medication error and her subsequent concealment of that error are unavailing, largely because kno[...]

Maryland Appellate Court Discusses What Is A “Medical Injury” Requiring Compliance With Maryland Medical Malpractice Laws

January 29, 2018

In its opinion filed on January 19, 2018, the Court of Appeals of Maryland (“Court”), which is the highest appellate court in Maryland, stated that in order for the Maryland Health Care Malpractice Claims Act (“HCA”) to apply, a plaintiff must allege a breach of a professiona[...]

Maryland Appellate Court Affirms Medical Malpractice Defense Verdict Despite Hospital’s Discovery, Expert Disclosure Violations

January 28, 2018

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), which is Maryland’s intermediate appellate court, in its unpublished opinion dated January 17, 2018, affirmed the Maryland medical malpractice jury’s defense verdict, finding that the trial judge had not e[...]

« 1 … 97 98 99 100 101 102 103 104 105 106 107 … 143 »

Category: Medical Malpractice Laws