Medical Malpractice Laws Archives - Page 123 of 143

Louisiana Supreme Court Rejects Plaintiffs’ Medical Malpractice Appeal

December 9, 2015

On November 20, 2015, the Supreme Court of Louisiana rejected an appeal from the plaintiffs in a Louisiana medical malpractice case that was dismissed by the trial court after the jury found that the plaintiffs had failed to prove that medical negligence caused the husband’s injuries. The int[...]

Washington State Supreme Court Revives Medical Malpractice Case

December 1, 2015

In its decision filed on September 24, 2015, the Supreme Court of the State of Washington (“Washington Supreme Court”) reversed summary judgment granted to the defendant doctors (dentists) in a Washington medical malpractice case. The trial court had struck a late-filed affidavit of t[...]

Alabama Supreme Court Overturns Medical Malpractice Verdict Due To Lack Of Expert Testimony

November 29, 2015

In its decision filed on November 13, 2015, the Supreme Court of Alabama (“Alabama Supreme Court”) overturned a verdict in favor of a husband and wife in their Alabama medical malpractice case, finding that the plaintiffs had failed to provide necessary expert testimony regarding the st[...]

Tennessee Supreme Court Affirms Dismissal Of Social Worker Malpractice Claim

November 18, 2015

In its decision filed on October 8, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) affirmed the dismissal of the plaintiffs’ health care liability lawsuit filed against a social worker because of the plaintiffs’ failure to provide timely pre-suit notice and[...]

Texas Supreme Court To Decide If Autopsy Is Health Care

November 17, 2015

The Texas Supreme Court will likely decide whether an autopsy is health care covered under Texas’ medical malpractice laws that make it more difficult for medical malpractice victims to recover compensatory damages for the harm they suffered as a result of medical negligence and limits (ca[...]

Georgia Supreme Court Discusses Application Of Higher Proof Required In Emergency Medical Care Malpractice Claims

November 15, 2015

In its decision filed on November 2, 2015, the Supreme Court of Georgia ((“the Court”) discussed the application of Georgia’s “ER statute” (OCGA § 51-1-29.5) that requires that plaintiffs who bring medical malpractice claims based on “emergency medical care”[...]

Pennsylvania Appellate Court Decision Discusses Medical Malpractice Vicarious Liability And Corporate Negligence

November 14, 2015

In an opinion issued on April 28, 2015, the Superior Court of Pennsylvania determined that the medical malpractice plaintiff had properly pled vicarious liability and corporate negligence as causes of action against the medical malpractice defendants (a hospital and a health care system). The Alleg[...]

Florida’s Amendment 7 Pre-Empted By Federal Law

November 7, 2015

In its written opinion filed on October 28, 2015, the District Court of Appeal First District (“Appellate Court”) held that Florida’s Amendment 7 (Article 10, section 25, of the Florida Constitution), which was adopted in 2004 and provides “a right to have access to any reco[...]

Vermont Supreme Court Discusses Loss Of Chance Doctrine In Cataract Surgery Malpractice Case

October 31, 2015

In its decision filed on October 9, 2015, the Vermont Supreme Court overturned the lower court’s granting summary judgment in favor of the defendant ophthalmologist, concluding that in the plaintiff’s medical expert’s opinion that (1) there was at least a fifty-one percent ch[...]

Missouri Supreme Court Affirms Dismissal Of Medical Malpractice Case For Failure To File Affidavit

October 25, 2015

In its decision filed on October 13, 2015, the Supreme Court of Missouri (“Missouri Supreme Court”) en banc affirmed the trial court’s dismissal of a Missouri medical malpractice wrongful death case filed against three chiropractors because the plaintiffs failed to file the requir[...]

Florida Appellate Court Discusses Subsequent Treating Physician Testimony In Medical Malpractice Cases

October 12, 2015

In a medical malpractice case decided on September 24, 2015 by the District Court of Appeal of the State of Florida Fourth District (“Appellate Court”), the Appellate Court held that a subsequent treating physician’s testimony during a Florida medical malpractice trial was admissi[...]

Kentucky Supreme Court Denies Enforcement Of Pre-Dispute Arbitration Agreements In Three Nursing Home Cases

October 7, 2015

In its opinion filed on September 24, 2015 in three consolidated cases involving the alleged wrongful death of three nursing home residents due to nursing home negligence, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that in two of the cases, the authority to enter in[...]

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Category: Medical Malpractice Laws