Medical Malpractice Laws Archives - Page 117 of 143

Second Florida Appellate Court Holds Caps On Noneconomic Damages In Medical Malpractice Cases Unconstitutional

November 23, 2016

In its opinion filed on October 26, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) agreed with the 2015 opinion of the District Court of Appeal of Florida Fourth District that held that the section 766.118 caps on noneconomic damages are unconstitutiona[...]

Illinois Appellate Court Discusses Forum Non Conveniens Doctrine In Medical Malpractice Case

November 22, 2016

In its opinion filed on November 10, 2016, the Appellate Court of Illinois Fifth District (“Appellate Court”) discussed the application of the forum non conveniens doctrine in a medical malpractice case, affirming the trial court’s denial of the Illinois medical malpractice defenda[...]

What Is President-Elect Donald Trump’s Position On Medical Malpractice Tort Reform?

November 16, 2016

Now that Donald Trump is the President-Elect of the United States, the innocent victims of medical negligence whose lives have been disrupted and whose hopes and aspirations for the future have been destroyed, and the medical malpractice attorneys who represent them, are wearily wondering the effect[...]

Indiana Appellate Court Says Contaminated Steroid Injection Claim Is A Medical Malpractice Claim

November 15, 2016

The Court of Appeals of Indiana (“Indiana Appellate Court”) ruled on November 7, 2016 that the plaintiffs’ claims regarding alleged contaminated steroid injections were medical malpractice claims and therefore subject to the provision of the Indiana Medical Malpractice Act (“[...]

California Appellate Court Discusses When Statute Of Limitations Begins To Run In Medical Malpractice Case

November 10, 2016

In its opinion filed on October 31, 2016, the Court of Appeal of the State of California Second Appellate District Division Seven (“Appellate Court”) held that when the plaintiff in a medical malpractice action alleges the defendant health care provider misdiagnosed or failed to diagnose[...]

Buying North Carolina Appellate Judges For North Carolina Medical Malpractice Reforms?

November 7, 2016

On the November 8, 2016 ballot in North Carolina is a North Carolina Supreme Court incumbent justice seeking to retain his appellate court position and his challenger who is seeking to unseat him. During this election cycle, there is only one North Carolina Supreme Court justice position in play. If[...]

Ohio Supreme Court Rules Statute Of Repose Applies To Both Vested And Nonvested Medical Malpractice Claims

October 31, 2016

In its slip opinion dated October 25, 2016, the Supreme Court of Ohio (“Ohio Supreme Court”) overturned the decision of the lower appellate court and ruled that Ohio’s medical malpractice statute of repose, R.C. 2305.113(C), is a true statute of repose that applies to both vested and [...]

Tennessee Appellate Court Revives Dismissed Tennessee Medical Malpractice Case

October 23, 2016

In its opinion filed on October 19, 2016, the Court of Appeals of Tennessee at Jackson (“Appellate Court”) ruled that the trial court had improperly dismissed the plaintiffs’ Tennessee medical malpractice case when it erroneously determined that the parties to the plaintiffs’[...]

Alabama Patient Dumping Lawsuit Settled

October 18, 2016

It has been reported that an Alabama patient dumping lawsuit that had been filed in 2013 was settled for an undisclosed sum with the patient’s family on October 6, 2016. The patient died from hypothermia and other complications about a week after he was dumped on a public street by the defenda[...]

Missouri Supreme Court Denies Post-Judgment Interest On Medical Malpractice Verdicts

October 17, 2016

In its opinion filed on October 4, 2016, the Supreme Court of Missouri (“Missouri Supreme Court”) held that the plaintiff was not entitled to post-judgment interest on the Missouri medical malpractice verdict in his favor in the amount of $883,000 (the Missouri medical malpractice jury a[...]

Indiana Appellate Court Discusses Medical Review Panel Process

October 12, 2016

In its opinion filed on October 4, 2016, the Court of Appeals of Indiana (“Appellate Court”) held that the Indiana Medical Malpractice Act requires that an Indiana medical malpractice plaintiff need only present the following to a medical review panel (“MRP”): (1) a propose[...]

Maryland Appellate Court Affirms Striking Plaintiff’s Medical Malpractice Expert

October 3, 2016

In its opinion filed on September 28, 2016, the Court of Special Appeals of Maryland (“Appellate Court”), which is Maryland’s intermediate appellate court, affirmed the trial court’s striking of the plaintiff’s medical malpractice expert because the expert failed to sat[...]

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Category: Medical Malpractice Laws