Medical Malpractice Laws Archives - Page 129 of 143

Tennessee Supreme Court Requires Medical Malpractice Plaintiffs To jump Through Procedural Hoop (Again)

February 19, 2015

In its decision filed on January 27, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) held that the medical malpractice plaintiffs were required to provide the medical malpractice defendants with a second pre-suit notice after voluntarily dismissing their original medic[...]

West Virginia Legislature Moving Forward With Expanding Medical Malpractice Limits

February 16, 2015

The West Virginia Legislature is quickly moving forward with its efforts to expand and extend West Virginia’s restrictive medical malpractice liability laws to further insulate and protect a growing list of health care providers whose negligence harms West Virginians, at the expense of[...]

Arizona Appeals Court Discredits Learned Intermediary Doctrine In Drug Injury Case

February 11, 2015

On January 29, 2015, the Arizona Court of Appeals Division One (“Court of Appeals”) stated that under Arizona’s system of comparative fault, when the manufacturer of a product furnishes false or misleading information to the consumer, that manufacturer should not be shielded from [...]

Georgia Senate Bill Seeks To Replace Juries With Review Panels In Medical Malpractice Cases

February 10, 2015

Despite the Georgia Constitution that provides “The right to trial by jury shall remain inviolate …” and further provides “No person shall be deprived of the right to prosecute or defend, either in person or by an attorney, that person’s own cause in any of the courts[...]

Kentucky Senate Republicans Push For Medical Review Panels

February 9, 2015

Late last week, the Republican-controlled Kentucky Senate passed a medical malpractice reform bill that would add an additional layer and burden to those seeking justice for medical malpractice committed in Kentucky. In what the foes of the Kentucky medical malpractice reform effort call unnecess[...]

Maryland Appellate Court Allows Testimony Of Defendant Doctor As To Her Habit/Routine In Treating Patients

February 2, 2015

In a case decided on January 28, 2015 by the Court of Special Appeals of Maryland (“Appellate Court”), which is Maryland’s intermediate appellate court, it was held that the trial judge did not abuse his discretion when he allowed the Defendant emergency room physician to testify[...]

Maryland Medical Malpractice Appeal Demonstrates Pleading Pitfalls For The Unwary

January 31, 2015

In its reported decision filed on January 29, 2015, the Court of Special Appeals of Maryland (“Appellate Court”), Maryland’s intermediate appellate court, added to the expanding list of Maryland appellate court decisions regarding what it takes to satisfy Maryland’s pleading[...]

Nevada Supreme Court Discusses Medical Monitoring Claims In Medical Malpractice Cases

January 30, 2015

In its decision filed on December 31, 2014, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) held that a plaintiff may state a cause of action for negligence with medical monitoring as the remedy without asserting that he or she has suffered a present physical injury, n[...]

Actos Defense Verdict In Maryland Upheld On Appeal

January 29, 2015

In an unreported decision of the Court of Special Appeals of Maryland dated December 4, 2014, the Court upheld a defense verdict in favor of the manufacturer of Actos, a FDA-approved prescription medication used to treat type 2 diabetes, in a lawsuit filed on behalf of the estate of a man who died[...]

Iowa Supreme Court Addresses New Trial Issue Where One Medical Malpractice Defendant Assisted Ailing Juror During Trial

January 25, 2015

In its decision filed on January 23, 2015, the Supreme Court of Iowa (“Iowa Supreme Court”) addressed the issues of whether a new trial should be ordered when a physician defendant in a medical malpractice case treats an ailing juror during trial, and the need for conducting a new tri[...]

Minnesota Malpractice Case For Cancerous Pancreas Transplanted Into Patient

January 9, 2015

In an unpublished opinion released on November 29, 2014, the Minnesota Court of Appeals overturned the lower court’s dismissal of a wrongful death medical malpractice lawsuit involving the transplantation of a pancreas from a donor who unknowingly had cancer into a woman who subsequently cont[...]

Wisconsin Lawmaker Seeks To Help Parents Of Adult Children Who Die As A Result Of Medical Malpractice

January 5, 2015

Wisconsin, like many U.S. states, specifies which relatives of those who die as a result of the negligence of others, including medical malpractice, may seek and obtain compensation for their losses. While it is said that there is no greater pain than the pain associated with the death of one&#[...]

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Category: Medical Malpractice Laws