Medical Malpractice Laws Archives - Page 116 of 143

Facebook Post Helps To Torpedo Lyme Disease Misdiagnosis Case

January 7, 2017

In its decision filed on December 22, 2016, the Superior Court of Pennsylvania (“Appellate Court”) held that reasonable minds could not differ in the conclusion that the medical malpractice plaintiff knew, or reasonably should have known, between July and September, 2009, that her long-s[...]

Alabama Supreme Court Reinstates Wrongful Death Claim For Previable (Nonviable) Fetus

January 6, 2017

In its decision filed on December 30, 2016, the Supreme Court of Alabama (“Alabama Supreme Court”) held that the trial court erred in dismissing the plaintiff’s wrongful death claim based on the death of her previable (nonviable) unborn child, citing an amendment to Alabama’[...]

Tennessee Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants

January 5, 2017

In its opinion filed on November 29, 2016, the Court of Appeals of Tennessee at Jackson (“Appellate Court”) determined that the trial court erred in excluding and failing to consider respectively the deposition testimony and affidavit of the plaintiff’s medical expert (her subsequ[...]

Illinois Appellate Court Denies Defense Ex Parte Communication With Treating Physician – Sort Of

January 4, 2017

In its opinion filed on December 22, 2016, an Illinois Appellate Court held that defense counsel was prohibited from having any ex parte communication with the plaintiff’s subsequent treating physician, who is the managing partner and therefore part of the control group of the podiatry group t[...]

Florida Supreme Court Voids Medical Malpractice Arbitration Agreement

December 24, 2016

In its decision filed on December 22, 2016, the Supreme Court of Florida (“Florida Supreme Court”) held that a medical malpractice arbitration agreement between a patient and her health care provider was void as against public policy because it excludes required provisions of the Medica[...]

New Jersey Appellate Court Applies Two-Year Statute Of Limitations To Survival Action In Medical Malpractice Case

December 22, 2016

In its opinion filed on December 7, 2016, the Superior Court of New Jersey Appellate Division (“Appellate Court”) held that the trial court should have granted summary judgment to the medical malpractice defendant where the plaintiff failed to file the survival action within the two-year[...]

Federal Appellate Court Decides Coverage Dispute Between Two Medical Malpractice Insurance Companies Regarding Agency Nurse

December 17, 2016

The United States Court of Appeals for the Fourth Circuit (“Appellate Court”) decided in its opinion filed on December 6, 2016 that a nurse employed by a staffing agency and assigned to work at a hospital qualified as an “employee” of the hospital under the hospital’s medical malpr[...]

Tennessee Appellate Court Reverses Dismissal Of Non-Medical Malpractice Claim, Affirms Dismissal Of Medical Malpractice Claim

December 14, 2016

In its opinion filed on November 30, 2016, the Court of Appeals of Tennessee at Nashville (“Appellate Court”) affirmed the trial court’s dismissal of the pro se plaintiff’s medical malpractice (health care liability) claim alleged in her complaint because she failed to comply[...]

Maryland Appellate Court Affirms Judgment For Defendant OB On Informed Consent Claim In Maryland Birth Injury Case

December 13, 2016

In its unreported opinion filed on December 6, 2016, the Court of Special Appeals of Maryland (“Appellate Court”) affirmed the trial court entering judgment in favor of the Defendant OB at the close of the plaintiff’s side of her medical malpractice case that alleged the lack o[...]

Maryland Appellate Court Overturns Transfer Of Medical Malpractice Case Granted To Defendants

December 8, 2016

In its unreported opinion filed on December 5, 2016, the Court of Special Appeals of Maryland (“Appellate Court”), Maryland’s intermediate appellate court, ruled that the trial court abused its discretion in transferring a medical malpractice case filed in Baltimore City to a rural[...]

Appellate Court Discusses “Judicial Notice” In Maryland Medical Malpractice Case

December 7, 2016

The Court of Special Appeals of Maryland (“Appellate Court”) discussed the role of “judicial notice” in an unreported opinion issued on November 28, 2016 that involved a Maryland medical malpractice appeal. During the Maryland medical malpractice jury trial, the trial judge w[...]

Indiana Appellate Court Says Parent’s Contributory Negligence Cannot Be Imputed To Child In Medical Malpractice Cases

November 25, 2016

The Court of Appeals of Indiana (“Appellate Court”) held in a case it decided on November 18, 2016 that the contributory negligence of the parent of a child cannot be imputed to the child in the child’s medical malpractice claim against a health care provider. In general, Indiana c[...]

« 1 … 111 112 113 114 115 116 117 118 119 120 121 … 143 »

Category: Medical Malpractice Laws