Medical Malpractice Laws Archives - Page 124 of 143

Federal District Court Finds No Private Cause Of Action Under Federal Nursing Home Reform Act

October 5, 2015

In its Opinion & Order entered on September 17, 2015, the U.S. District Court for the Western District of Wisconsin (“the Court”) concluded that the Federal Nursing Home Reform Act, 42 U.S.C. § 1396r (“FNHRA”), does not provide a basis for a 42 U.S.C. § 1983 claim (a pr[...]

Nevada Supreme Court Overturns Lower Court Decision That Cap On Medical Malpractice Damages Is Unconstitutional

October 3, 2015

In its opinion filed on October 1, 2015, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) held that NRS 41A.035, which limits to $350,000 the amount of noneconomic damages that may be awarded in Nevada medical malpractice cases, is constitutional and applies per [...]

New Jersey Supreme Court Says Patient Cannot Sue Physician For Lack Of Mandatory Malpractice Insurance

October 2, 2015

In its decision filed on September 29, 2015, the Supreme Court of New Jersey (“New Jersey Supreme Court”) held that under N.J.S.A. 45:9-19.17, an injured patient does not have a direct cause of action against a physician who does not possess medical malpractice liability insurance or a s[...]

Arkansas Court Of Appeals Denies Charitable Immunity To Nursing Home

September 28, 2015

In its decision filed on September 16, 2015, the Arkansas Court of Appeals (“Appellate Court”) overturned the trial court’s granting summary judgment to an Arkansas nursing home based on charitable immunity. The trial court had granted summary judgment to the defendant nursing hom[...]

Kentucky Supreme Court Addresses Statute Of Limitations For Nursing Home Claims

September 21, 2015

In its opinion released on August 20, 2015, the Supreme Court of Kentucky (“Kentucky Supreme Court”) addressed the various statute of limitations periods applicable to various claims arising out of nursing home care. In particular, the Kentucky Supreme Court analyzed the statute of limi[...]

Massachusetts Appellate Court Discusses Use Of Internet Web Pages In Medical Malpractice Case

September 18, 2015

In its decision filed on September 10, 2015, the Massachusetts Supreme Judicial Court decided whether certain materials obtained from the Internet qualify as published treatises, periodicals, or the like within the meaning of the “learned treatise” exception to the hearsay rule in a Ma[...]

Missouri Supreme Court Decision Relieves Hospital From Responsibility For Patient Murders

September 11, 2015

The Supreme Court of Missouri (“Missouri Supreme Court”) issued a decision on August 18, 2015 in five consolidated wrongful death cases, all involving the deaths of family members who were patients at the defendant hospital in 2002. The Missouri Supreme Court held that the plaintiffs�[...]

Kentucky Appellate Court Applies Res Ipsa Loquitor In Medical Malpractice Case

August 28, 2015

In a decision by the Commonwealth of Kentucky Court of Appeals (“Appellate Court”) issued on August 14, 2015 in a medical malpractice case filed by a prison inmate against the medical services providers at the detention center in which he was incarcerated, the Appellate Court held, ̶[...]

$4.1M Florida Medical Malpractice Verdict Overturned On Appeal

August 27, 2015

In its decision filed on August 26, 2015, the Third District Court of Appeal State of Florida (“Appellate Court”) overturned a Florida medical malpractice jury’s award of damages in the amount of $4,101,776 to a young child and her parents. The Florida medical malpractice jury h[...]

Federal Appeals Court Discusses Deliberate Indifference To A Serious Medical Need In Inmate Cases

August 26, 2015

In an opinion filed on August 19, 2015 by the United States Court of Appeals for the Seventh Circuit (“Court of Appeals”), the appellate court discussed the high and often unfair hurdles faced by prison inmates alleging the deliberate indifference to their serious medical needs (that is[...]

Kentucky Supreme Court Addresses Informed Consent In Medical Malpractice Cases

August 25, 2015

In its opinion filed on August 20, 2015, the Supreme Court of Kentucky (“Kentucky Supreme Court”) addressed whether the informed consent instruction given by the trial court in a Kentucky medical malpractice case correctly incorporated the applicable law so as to guide the jury accuratel[...]

Utah Supreme Court Nixes Medical Malpractice Noneconomic Damages Cap For Death Claims

August 21, 2015

In its opinion filed on August 11, 2015, the Supreme Court of the State of Utah (“Utah Supreme Court”) held that the noneconomic damages cap in section 78B-3-410 of the Utah Health Care Malpractice Act (“Malpractice Act”) is not constitutionally permissible as applied to wron[...]

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Category: Medical Malpractice Laws