Medical Malpractice Laws Archives - Page 126 of 143

Illinois Appellate Court Discusses Forum Non Conveniens In Medical Malpractice Case

July 23, 2015

In an Order filed on July 15, 2015 by the Appellate Court of Illinois Fifth District (“Appellate Court”), the Appellate Court discussed the equitable doctrine of forum non conveniens in the context of a medical malpractice case where the defendant, who lived in Illinois, tried but fail[...]

Florida Appellate Court Limits Medical Malpractice Attorneys Fee To $100,000

July 20, 2015

In its decision dated July 15, 2015, the District Court of Appeal of the State of Florida Fourth District (“Appellate Court”) limited to $100,000 the medical malpractice attorneys fee and costs that the plaintiffs’ Florida medical malpractice lawyers could receive for their highly [...]

California Appellate Court Rules In Favor Of Actos Plaintiffs

July 19, 2015

In its decision filed on July 17, 2015, the Court of Appeal of the State of California Second Appellate District Division Three (“Appellate Court”) held that the trial court erred in striking the plaintiffs’ medical expert’s testimony (the trial court required that the expert [...]

Georgia Supreme Court Discusses Ex Parte Communication With The Jury And Spoliation In Medical Malpractice Cases

July 11, 2015

In its June 29, 2015 decision, the Supreme Court of Georgia discussed the effect of a judge’s communication with a medical malpractice jury without the parties or their attorneys being present, and whether a spoliation instruction was appropriate where the defendant hospital had destroyed pote[...]

Today’s 1,600th Consecutive Daily Blog Posting

July 8, 2015

Today’s blog posting is our 1,600th consecutive daily posting. In reflecting back on our previous 1,599 medical malpractice lawyers’ blog postings, we note several underlying trends: Medical Malpractice Lawyers Are The Dedicated Warriors For Medical Malpractice Victims We have reported[...]

Florida Appellate Court Approves Limit On Number Of Medical Malpractice Experts Testifying At Trial

July 6, 2015

In its opinion filed on June 26, 2015, the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) “receded” from its decision in a prior case that had held that with only very broad [sic] limits, all qualified expert opinion testimony in a medic[...]

July 4th Reminds Us That Many Medical Malpractice Victims Cannot Obtain Justice And Equality

July 4, 2015

July 4th, Independence Day in the United States, is the national holiday when we celebrate the birth of the United States and our precious Declaration of Independence. The Declaration of Independence states, in part: “We hold these truths to be self-evident, that all men are created equal, [...]

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

July 3, 2015

In its opinion filed on July 1, 2015, the District Court of Appeal of the State of Florida Fourth District (“Appellate Court”) held that the caps on noneconomic damage awards in personal injury medical malpractice cases are unconstitutional, extending a prior Florida Supreme Court cas[...]

Maryland Appellate Decision Regarding Informed Consent In Medical Malpractice Cases

June 28, 2015

In an unreported case from the Court of Special Appeals of Maryland (“Appellate Court”) filed on June 22, 2015, one of the issues the Appellate Court had to decide was whether the trial court abused its discretion by admitting evidence of informed consent in a medical malpractice case[...]

Michigan Appellate Court Allows Medical Malpractice Wrongful Death Claim For Nonviable Fetus

June 22, 2015

In its decision filed on June 16, 2015, the Michigan Court of Appeals (“Appellate Court”) overturned the trial court’s granting summary judgment in favor of the defendants with regard to the plaintiff’s wrongful death claim on behalf of her nonviable fetus that alleged that[...]

California Appellate Court Refuses To Overturn MICRA Cap

June 19, 2015

In its decision filed on June 9, 2015, the Court of Appeal of the State of California First Appellate District (“Appellate Court”) refused to overturn a lower court’s ruling that reduced a California medical malpractice jury’s verdict for noneconomic damages from $1 million t[...]

New York Legislature Considers Date Of Discovery Rule In Medical Malpractice Cases

June 15, 2015

New York is one of the few U.S. states where the medical malpractice statute of limitations begins to run from the date of the alleged negligent act or omission rather than from the date that the patient discovered the medical malpractice or a reasonable person should have discovered the medica[...]

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Category: Medical Malpractice Laws