Medical Malpractice Laws Archives - Page 109 of 143

Arizona Court Of Appeals Affirms Medical Malpractice Settlement With Physician Precluded Vicarious Liability Claims Against His Employer

July 19, 2017

The Arizona Court of Appeals Division One filed its Memorandum Decision on June 8, 2017 in which it stated that where the plaintiffs entered into a settlement agreement and stipulation dismissing their medical malpractice claims against the defendant physician in which the parties agreed that no wro[...]

Oregon Appellate Court Revives Medical Malpractice Claim Filed Under Oregon Tort Claims Act

July 16, 2017

In its decision filed on June 21, 2017, the Court of Appeals of the State of Oregon (“Oregon Appellate Court”) reversed the trial court’s dismissal of the plaintiff’s surgical medical malpractice claim filed pursuant to the Oregon Tort Claims Act (OTCA), holding that the plai[...]

Colorado Appellate Court Discusses Right Of Medical Malpractice Party To Call Other Party’s Withdrawn Expert To Testify During Trial

July 14, 2017

The Colorado Court of Appeals stated in its opinion filed on June 29, 2017 that if one party in a Colorado medical malpractice case withdraws an endorsed “may call” expert witness shortly before trial or during trial, and the opposing party then announces that it wants to call the withd[...]

Pennsylvania Supreme Court Says Physician’s Obligation To Obtain Informed Consent Is Non-Delegable

July 13, 2017

The Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”) held in a case it decided on June 20, 2017 that a physician’s duty to provide information to a patient sufficient to obtain her informed consent is non-delegable: “we hold that a physician canno[...]

Louisiana Appellate Court Corrects Medical Malpractice Jury’s Inconsistent Verdict In Loss Of Chance At Better Outcome Case

July 12, 2017

In its judgment filed on June 28, 2017, the Court of Appeal Second Circuit State of Louisiana (“Louisiana Appellate Court”) affirmed the trial court’s judgment in favor of the plaintiffs (husband and wife) in a Louisiana medical malpractice case in which the jury found that the defend[...]

Tennessee Appellate Court Rules Mother’s Birth Injury Claim Untimely, But Child’s Birth Injury Claim Was Timely Filed

July 8, 2017

The Court of Appeals of Tennessee (“Tennessee Appellate Court”) ruled on May 26, 2017 that a mother’s medical malpractice claim for the injuries she sustained during the birth of her child was untimely filed, but overruled the trial court’s ruling that the child’s birth[...]

Wisconsin Appellate Court Strikes Down Medical Malpractice Noneconomic Damages Cap

July 7, 2017

In its decision filed on July 5, 2017, the Wisconsin Court of Appeals District I (“Appellate Court”) held that Wisconsin’s statutory $750,000 cap on noneconomic damages in medical malpractice cases (WIS. STAT. § 893.55 (2015-16)) is unconstitutional on its face because it impos[...]

Pennsylvania Appellate Court Affirms Summary Judgment Against Pro Se Medical Malpractice Plaintiffs

July 4, 2017

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) issued a non-precedential decision on May 26, 2017 that affirmed summary judgment granted to the medical malpractice defendants because the plaintiffs failed to provide an expert report in support of their allegations of[...]

Florida Appellate Court Finds Patient’s Pre-Surgery Release Of Neurosurgeon Was Ambiguous

July 1, 2017

Prior to undergoing spinal fusion surgery, a patient was asked to sign a release provided by the neurosurgeon and his medical practice that stated: “As of January 1, 2003, Dr. Michael D. Paul, and the professional corporation of MacMillan, Paul and Burkarth, P.A., also known as Treasure Coast [...]

Michigan Appellate Court Allows Evidence Of Drunk Driving In 1997 In Recent Medical Malpractice Trial

June 29, 2017

The State of Michigan Court of Appeals (“Michigan Appellate Court”) recently affirmed in an unreported opinion that the trial judge in a Michigan medical malpractice case properly allowed testimony about the plaintiff driving drunk during a motor vehicle accident in 1997 in a recent medi[...]

Proposed Law Would Extend New York’s Statute Of Limitations For Certain Medical Malpractice Claims

June 25, 2017

New York’s current statute of limitations for medical malpractice claims is two years and six months from the date of the alleged medical negligence, regardless whether the medical negligence and the harm caused by the medical negligence are known to the medical malpractice victim within the t[...]

Texas Appellate Court Affirms Sufficiency Of Plaintiff’s Medical Malpractice Expert’s Report

June 22, 2017

In its Memorandum Opinion filed on May 25, 2017, the Court of Appeals Thirteenth District Of Texas (“Texas Appellate Court”) affirmed the trial court’s ruling that the plaintiff’s expert report filed with her Texas medical malpractice lawsuit was sufficient. The medical mal[...]

« 1 … 104 105 106 107 108 109 110 111 112 113 114 … 143 »

Category: Medical Malpractice Laws