Medical Malpractice Laws Archives - Page 115 of 143

Georgia Appellate Court Discusses Whether ER Physicians Were Independent Contractors

February 6, 2017

In its opinion filed on January 19, 2017, the Court of Appeals of Georgia (“Appellate Court”) analyzed whether two emergency room physicians who had treated the plaintiff were agents or employees of the hospital or were independent contractors for whom the hospital would not be liable [...]

Iowa Appellate Court Says Surgeon Did Not Have To Disclose His Inexperience

February 5, 2017

The Court of Appeals of Iowa (“Appellate Court”) held in its opinion filed on January 25, 2017 that the defendant heart surgeon did not have a duty owed to his patient to advise him regarding the surgeon’s lack of experience in performing the proposed surgery in order to obtain pro[...]

Pennsylvania Appellate Court Affirms Medical Malpractice Defense Verdict Despite Defendant’s Refreshed Recollection At Trial

February 4, 2017

In an unpublished opinion of the Superior Court of Pennsylvania (“Appellate Court”) dated January 24, 2017, the Appellate Court affirmed the Pennsylvania medical malpractice jury’s verdict in favor of the defendant emergency room physician, finding that the defendant’s refres[...]

Georgia Appellate Court Overturns Summary Judgment In Favor Of Nursing Home

February 2, 2017

In its decision filed on January 18, 2017, the Court of Appeals of Georgia (“Appellate Court”) held that the trial court had erroneously entered judgment in favor of the defendant nursing home and the defendant nursing home physician in a Georgia nursing home negligence lawsuit that all[...]

Florida Appellate Court Overturns Plaintiff’s Medical Malpractice Verdict

January 31, 2017

In its opinion filed on January 20, 2017, the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) overturned a medical malpractice jury’s verdict in favor of the plaintiff, finding that the plaintiff had wrongfully failed to disclose certain opinions[...]

North Carolina Supreme Court Determines Patient’s Arbitration Agreement With Surgeon Was Unenforceable Due To Breach Of Fiduciary Duty

January 30, 2017

In its opinion filed on January 27, 2017, the Supreme Court of North Carolina (“North Carolina Supreme Court”) held that an arbitration agreement provided by a surgeon to a new patient who signed it two weeks before his surgery was unenforceable due to the surgeon’s breach of fi[...]

Florida Supreme Court Discusses Foreign Body Presumption In Medical Malpractice Cases

January 28, 2017

In its opinion filed on January 26, 2017, the Supreme Court of Florida (“Florida Supreme Court”) held that the foreign-body presumption of negligence set forth in section 766.102(3)(b) is mandatory when a foreign body is found inside the patient’s body, regardless of whether direct ev[...]

New York Appellate Court Reverses Judgment

January 26, 2017

In its decision filed on January 12, 2017, the New York Appellate Division, First Department (“Appellate Court”) decided that the New York medical malpractice plaintiff’s expert’s affidavit raised a material issue of fact as to whether the defendant physician and defendant ho[...]

$1M Maryland Medical Malpractice Verdict For Loss Of Eye

January 25, 2017

On December 3, 2016, a Montgomery County, Maryland medical malpractice jury returned its verdict in favor of a man and his wife for the man’s loss of sight in his left eye following surgery to address a detached retina. The plaintiffs alleged in their Maryland medical malpractice complaint tha[...]

Texas Appellate Court Affirms That Medical Malpractice Plaintiff’s Expert Report Was Sufficient

January 21, 2017

In a case decided by the Court of Appeals Eighth District of Appeals El Paso, Texas (“Appellate Court”) on December 9, 2016, the Appellate Court held that the trial court did not abuse its discretion in finding that the plaintiff’s expert in her Texas medical malpractice case was [...]

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[...]

Wisconsin Supreme Court Affirms $1.75M Brachial Plexus Injury Verdict, Discusses Daubert Challenge

January 11, 2017

In its decision filed on January 6, 2017, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) affirmed a Wisconsin medical malpractice jury’s verdict in the amount of $1,750,000 in favor of a baby who suffered a permanent brachial plexus injury during his delivery that the [...]

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Category: Medical Malpractice Laws