Medical Malpractice Laws Archives - Page 119 of 143

Illinois Appellate Court Reinstates Full Amount Of Medical Expenses In Medical Malpractice Verdict

August 3, 2016

In its opinion filed on July 15, 2016, the Appellate Court of Illinois Fourth District (“Appellate Court”) reinstated an Illinois medical malpractice jury’s award of medical expenses to the plaintiff in the amount of $133,347.91, which the trial judge had reduced by $91,724.03, [...]

Nevada Supreme Court Holds That Scope Of Informed Consent Is A Medical Malpractice Claim And Therefore Requires A Medical Expert’s Affidavit

August 2, 2016

In its opinion filed on July 28, 2016, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) held that in a medical malpractice claim, allegations raising the scope of informed consent rather than the absence of consent to a medical procedure, even when pleaded as a battery [...]

Michigan Appellate Court Discusses Ostensible Agency In Medical Malpractice Case

July 30, 2016

In an unreported decision, the State of Michigan Court of Appeals (“Appellate Court”) discussed ostensible agency in a medical malpractice case where the plaintiff was attempting to hold a hospital responsible for the alleged medical negligence of a gastroenterologist who had perforate[...]

Maryland Appellate Court Refuses To Compel Wrongful Death Beneficiary To Arbitrate Nursing Home Claim

July 29, 2016

In its reported opinion filed on July 28, 2016, the Court of Special Appeals of Maryland (“Appellate Court”), which is Maryland’s intermediate appellate court, refused to compel the wrongful death beneficiary to arbitrate her Maryland wrongful death claim against a Maryland nursi[...]

Florida Appellate Court Discusses Attorney-Client Privilege In Medical Malpractice Case

July 21, 2016

The Third District Court of Appeal State of Florida (“Appellate Court”) filed an opinion on June 22, 2016 in a medical malpractice case where the trial court had ordered the plaintiff to disclose to the defense during her deposition communications that she had with her prior medical malp[...]

Alabama Supreme Court Affirms Dismissal Of Medical Malpractice Lawsuit Filed Too Late

July 19, 2016

In its opinion filed on July 8, 2016, the Supreme Court of Alabama (“Alabama Supreme Court”) affirmed the dismissal of the plaintiff’s Alabama medical malpractice lawsuit because the plaintiff would be unable to prove any set of facts to support his claim that his legal injury occu[...]

Maryland Appellate Court Discusses Interplay Between Medical Malpractice Claims And Wrongful Death Claims, And Releases

July 13, 2016

In its opinion filed on July 12, 2016, the Court of Appeals of Maryland (“Appellate Court”), Maryland’s highest appellate court, held that Maryland’s wrongful death statute creates a new and independent cause of action for a decedent’s beneficiaries, and thus, a judgment on th[...]

Indiana Appellate Court Applies Tolling Provision To Save Minor Children’s Medical Malpractice Claims For Mom’s Death

July 11, 2016

The Court of Appeals of Indiana (“Appellate Court”) filed its opinion on June 29, 2016 in a case where it held that the minor children of a mother who died of lung cancer allegedly due to the medical negligence of the defendants were not time-barred because of the two-year statute of [...]

Wisconsin Supreme Court Affirms Dismissal Of Medical Malpractice Case Based On Statute Of Limitations

July 5, 2016

In its opinion filed on June 23, 2016, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) held that in a medical malpractice claim based on unnecessary and improper treatment of inappropriate touching, the “physical injurious change” occurs at the time of the touching[...]

Oregon Supreme Court Overturns $12M Medical Malpractice Verdict, Applies $3M Cap

June 17, 2016

In its one-hundred-forty-one page decision filed on May 5, 2016, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) overturned the $12 million medical malpractice verdict reached by an Oregon medical malpractice jury against the State of Oregon and its employees, and inst[...]

Connecticut Supreme Court Adopts Apparent Agency Doctrine In Medical Malpractice Case

June 16, 2016

In its opinion published on June 14, 2016, the Connecticut Supreme Court, in a four-to-three decision, adopted and applied the apparent agency doctrine in a Connecticut medical malpractice case. At issue was whether the defendant surgeon, who was not an employee of the defendant hospital where the[...]

Kansas Appellate Court Affirms $1.67M Medical Malpractice Wrongful Death Judgment Against Pain Clinic

June 9, 2016

On May 27, 2016, the Kansas Court of Appeals (“Kansas Appellate Court”) affirmed the judgments entered in favor of the parents of a man who had committed suicide, and in favor of their son’s estate, against a physician and against a pain clinic, stating, “We hold that in wron[...]

« 1 … 114 115 116 117 118 119 120 121 122 123 124 … 143 »

Category: Medical Malpractice Laws