Medical Malpractice Laws Archives - Page 105 of 143

New Mexico Supreme Court Establishes Rule For Application Of Statute Of Repose In Medical Malpractice Cases

December 8, 2017

The Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) held in its November 20, 2017 opinion that while the New Mexico Medical Malpractice Act (“MMA”), NMSA 1978, §§ 41-5-1 to -29 (1976, 4 as amended through 2015) forecloses any cause of action that does [...]

Florida Appellate Court Rules Removing Stool In Examination Room Is Ordinary Negligence, Not Medical Negligence

November 23, 2017

The District Court of Appeal First District, State of Florida (“Florida Appellate Court”) ruled in its opinion filed on November 6, 2017 that a claim involving a urologist’s removal of a stool used by a patient to ascend onto an examination table that the urologist then removed aft[...]

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

November 15, 2017

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appeals Court”) held in its Memorandum and Order entered on October 13, 2017 that the dismissal of the plaintiff’s medical malpractice case after a medical malpractice tribunal determined that the plaintiff’s off[...]

Florida Supreme Court Rules Unconstitutional Requirement That Medical Malpractice Plaintiffs Authorize Ex-Parte Communications With Non-Party Medical Providers

November 13, 2017

The Supreme Court of Florida (“Florida Supreme Court”) ruled in its 4-to-3 decision on November 9, 2017 that the amendment to Florida’s medical malpractice statute requiring plaintiffs in medical malpractice cases to authorize medical malpractice defendants’ attorneys to spea[...]

$8.4M California Medical Malpractice Verdict For Failure To Report Child Abuse

November 8, 2017

A California medical malpractice jury awarded a now 6-year-old boy $8.4 million on October 18, 2017, for the severe physical and emotional injuries he suffered as a result of alleged child abuse by family members when he was seven-weeks-old that was not timely reported to the proper authorities, lea[...]

Kentucky Appellate Court Says Patient’s Fall From Hospital Bed Is A Medical Malpractice Claim

November 5, 2017

In its opinion rendered on October 13, 2017, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) had to decide if the res ipsa loquitor doctrine applied, which would eliminate the need for an expert witness, in a case filed by the wife of a hospital patient in whic[...]

Florida Supreme Court Requires Hospital’s Disclosure Of Adverse Medical Incident Report To Medical Malpractrice Plaintiff

November 1, 2017

In its opinion filed on October 26, 2017, the Supreme Court of Florida (“Florida Supreme Court”) discussed and analyzed Amendment 7, which requires the disclosure of adverse medical incident reports to medical malpractice plaintiffs who request same, turning aside the medical malpractice[...]

Tennessee Appellate Court Decides Claim Involving Injury To 86-Year-Old In ICU Caused By Hot Coffee Was A Health Care Liability Claim

October 31, 2017

The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on September 28, 2017 that the trial court did not err in dismissing the plaintiff’s lawsuit alleging that an 86-year-old patient who was recovering from surgery in the intensive [...]

New York Appellate Court Discusses Medical Malpractice Claims For In Utero Injuries

October 29, 2017

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) stated in its Memorandum and Decision dated October 6, 2017 that in a New York medical malpractice action brought by the mother where an infant is injured in utero as a [...]

Oklahoma Supreme Court Holds (Again) Certificate Of Merit Requirement In Medical Malpractice Cases Is Unconstitutional

October 27, 2017

In its decision dated October 24, 2017, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held that “the thrice incarnated affidavit of merit requirement found in Okla. Stat. tit. 12, § 19.1 (Supp. 2013)” with regard to Oklahoma medical malpractice cases [...]

Florida Federal Appellate Court Finds Inmate Claims Of Deliberate Indifference To Serious Medical Need Sufficient

October 24, 2017

The United States Court of Appeals for the Eleventh Circuit (“Federal Appellate Court”) held in its unpublished opinion filed on October 3, 2017 that the U.S. District Court erred in dismissing an inmate’s complaint before any of the defendants filed a response or the parties had c[...]

$5.7M West Virginia Medical Malpractice Verdict For Vocal Cord Paralysis From Thyroidectomy

October 21, 2017

Earlier this month a West Virginia medical malpractice jury returned its verdict in the amount of $5,788,977.36 in favor of the 41-year-old plaintiff who suffered vocal cord paralysis following a thyroidectomy that the plaintiff alleged was due to the defendant surgeon negligently failing to protect[...]

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Category: Medical Malpractice Laws