Medical Malpractice Laws Archives - Page 108 of 143

Michigan Appellate Court Rules Hospital Fall Injury Claim Was Medical Malpractice Claim

August 13, 2017

The State of Michigan Court of Appeals (“Michigan Appellate Court”) ruled in its July 20, 2017 unreported decision that the plaintiff’s claim for damages for the injuries he sustained when he fell while walking to the bathroom in his hospital room was a claim for medical negligence[...]

Pennsylvania Appellate Court Holds Consent Forms Admissible In Medical Malpractice Case To Show Knowing Refusal For Treatment

August 6, 2017

The Superior Court of Pennsylvania (“Appellate Court”) affirmed in its July 18, 2017 decision that the trial court did not commit error in admitting into evidence during the Pennsylvania medical malpractice wrongful death trial the consent for treatment forms signed by a Jehovah’s Witn[...]

New Jersey Appellate Court Reverses Medical Malpractice Defense Verdict Where Informed Consent Evidence Erroneously Introduced

August 5, 2017

The Superior Court of New Jersey Appellate Division (“Appellate Court”) held in its opinion filed on July 25, 2017 that the trial court had erroneously allowed informed consent evidence to be introduced by the defense during a New Jersey medical malpractice jury trial that resulted in a [...]

Kentucky Appellate Court Applies Common Knowledge Exception To Expert Testimony In Stroke Misdiagnosis Medical Malpractice Case

August 4, 2017

NOTE: THE FOLLOWING KENTUCKY COURT OF APPEALS CASE WAS REVERSED BY THE KENTUCKY SUPREME COURT ON AUGUST 29, 2019 In its unpublished opinion filed on July 21, 2017, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that given the ubiquity of information regar[...]

Michigan Appellate Court Affirms Denial Of Summary Judgment In Failure To Warn Medical Malpractice Claim

August 3, 2017

In its unpublished opinion dated July 18, 2017, the State of Michigan Court of Appeals (“Appellate Court”) affirmed the trial court’s denial of summary judgment in favor of the Michigan medical malpractice defendants with regard to the plaintiffs’ failure to warn theory, but [...]

California Appellate Court Holds Good Samaritan Law Provided Immunity To Two Surgeons

August 2, 2017

In its July 5, 2017 unpublished opinion, the Court of Appeal of the State of California Second Appellate Division Division Eight (“California Appellate Court”) held that two surgeons who were called into the operating room to assist another surgeon who had injured the decedent’s ar[...]

Nebraska Supreme Court Rejects Loss Of Chance Doctrine In Medical Malpractice Case

July 27, 2017

The Nebraska Supreme Court rejected the loss-of-chance doctrine in a Nebraska medical malpractice case where the plaintiff alleged that the failure to diagnose her breast cancer for one year increased the probability that she would suffer a recurrence of her breast cancer in the future. The Nebraska[...]

Maryland Appellate Court Addresses Inquiry Notice In Hip Replacement Medical Malpractice Case

July 25, 2017

In its unreported opinion dated July 20, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) reversed the trial court’s order that had granted summary judgment to the defendant orthopedic surgeon who had negligently performed right hip replacement surgery on[...]

Michigan Supreme Court Saves Medical Malpractice Case Filed On Last Possible Day

July 24, 2017

In a case that should serve as a warning to medical malpractice lawyers that “this is why you should not wait until the last day to file a medical malpractice case,” the Michigan Supreme Court overturned summary judgment that had been granted to the Michigan medical malpractice defendant[...]

Indiana Supreme Court Affirms Medical Malpractice Plaintiff May Raise New Theories After Panel Decision

July 23, 2017

In its decision filed on April 7, 2017, the Indiana Supreme Court affirmed the Court of Appeals decision in the case that held that a plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel (“MRP”) process if (1) the proposed complain[...]

North Carolina Appellate Court Reverses Post-Verdict Amendment Of Medical Malpractice Verdict, Grants New Trial On Damages Only

July 22, 2017

In its opinion filed on June 20, 2017, the Court of Appeals of North Carolina (“Appellate Court”) held that the trial court was within its discretion to set aside the jury verdict in a North Carolina medical malpractice case on the ground it was grossly inadequate but the trial court act[...]

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[...]

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Category: Medical Malpractice Laws