Medical Malpractice Laws Archives - Page 121 of 143

Massachusetts Appellate Court Vacates Dismissal Of Kidney Transplant Recipient’s Medical Malpractice Claim

April 21, 2016

On April 11, 2016, the Commonwealth of Massachusetts Appeals Court (“Appellate Court”) vacated a medical malpractice tribunal’s dismissal of a kidney transplant medical malpractice lawsuit from the recipient regarding an infected kidney that was transplanted into her, holding tha[...]

Illinois Appellate Court Discusses Interplay Of Three Statutes In Medical Malpractice Case

April 17, 2016

In its decision filed on March 25, 2016, the Illinois First District Appellate Court (“Appellate Court”) discussed the interplay among three relevant statutes in an Illinois medical malpractice case. The Appellate Court ultimately held that the relation back doctrine applied so the wron[...]

Pennsylvania Appellate Court Allows Orthopedic Surgeon To Testify In Medical Malpractice Case Against Podiatrist

April 15, 2016

In its opinion filed on March 30, 2016, the Superior Court of Pennsylvania (“Appellate Court”) reversed the trial court’s dismissal of a Pennsylvania medical malpractice case filed against a podiatrist, holding that the plaintiff’s orthopedic expert was qualified to testify a[...]

Wisconsin $1.2B Medical Malpractice Fund Has $783M Surplus

April 13, 2016

A state audit of the Wisconsin Injured Patients and Families Compensation Fund (“Fund”) reported in March that the Fund has a balance of $1.2 billion, which represents a surplus of $783 million in the Fund (the recommended range for the Fund is $86.4 million to $376.6 million). What Is T[...]

Kansas Appellate Court Allows Medical Malpractice Case Involving Suicide To Proceed

April 9, 2016

In its unreported decision filed on March 18, 2016, the Court of Appeals of the State of Kansas (“Kansas Appellate Court”) reversed the dismissal of a Kansas medical malpractice case involving the suicide of a 28-year-old man who committed suicide shortly after being discharged from a st[...]

ABA Opposes Federal Cap On Medical Malpractice Damages

April 5, 2016

In a letter dated March 21, 2016 from the American Bar Association (“ABA”) addressed to the Chairman of the U.S. House of Representatives Committee on the Judiciary and to the Ranking Member of the Committee, the ABA expressed its opposition to H.R. 4771, the “Help Efficient, Acc[...]

Maryland’s Cap On Noneconomic Damages In Medical Malpractice And Other Personal Injury Claims

April 4, 2016

The Annotated Code of Maryland, Courts and Judicial Proceedings Article, establishes various caps on noneconomic damages in medical malpractice and civil actions depending on the type of action and when the cause of action arose. The caps generally increase by $15,000 a year. In an action for damag[...]

$11.1M New Jersey Pelvic Mesh Verdict Upheld

April 3, 2016

In its unpublished opinion filed on March 29, 2016, the Appellate Division of the Superior Court of New Jersey (“Appellate Court”) upheld the $11.1 million New Jersey transvaginal mesh verdict in favor of a South Dakota couple that included $3.35 million in compensatory damages and [...]

Indiana Appellate Court Discusses Effect Of Bankruptcy On Medical Malpractice Claim

March 25, 2016

In its decision filed on February 19, 2016, the Court of Appeals of Indiana (“Appellate Court”) ruled in an Indiana medical malpractice case that where the bankruptcy trustee had re-opened the injured party’s bankruptcy case to amend the bankruptcy filing to include the medical mal[...]

Battle Continues In New Mexico Medical Malpractice Case Filed Against Texas Surgeon

March 24, 2016

The New Mexico Supreme Court is scheduled to hear an appeal regarding a New Mexico medical malpractice case filed against a Texas surgeon involving the plaintiff’s claim that her gastric bypass surgery performed in Texas in 2004 by a Texas surgeon was performed negligently, thereby causing gas[...]

Maryland Medical Malpractice Case Will Remain In Federal Court

February 27, 2016

Two Kuwaiti medical malpractice plaintiffs who filed a medical malpractice case in Maryland state court against The Johns Hopkins Hospital and related entities, all of whom are Maryland defendants, loss their bid to have their Maryland medical malpractice case remanded to Maryland state court af[...]

Successful Florida Medical Malpractice Plaintiff Not Entitled To Her Attorney Fees

February 6, 2016

In its opinion filed on January 15, 2016, the District Court of Appeal First District, State of Florida (“First District”) held that the successful medical malpractice plaintiff’s attempt to recover her attorney fees under section 768.79, Florida Statutes (2011), and Florida Rule [...]

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Category: Medical Malpractice Laws