Medical Malpractice Laws Archives - Page 13 of 143

Colorado Supreme Court Holds Prefiling Interest Accruing On Economic Damages Falls Within Good Cause Exception To $1M Cap In Medical Malpractice Case

October 25, 2025

Colorado’s Heath Care Availability Act (“HCAA”) generally imposes a $1 million limit on medical malpractice damages awards. § 13-64-302, C.R.S. (2024). But the HCAA also provides an exception: in cases where good cause is shown, courts may find that applying the cap would be unfai[...]

Colorado Supreme Court Affirms $40M Medical Malpractice Verdict That Exceeded Cap

October 23, 2025

In a Colorado medical malpractice case, Chance and Erin Gresser, on behalf of their minor daughter, C.G., sought to recover the full amount of damages awarded by the jury, which exceeds the $1 million cap imposed by the Health Care Availability Act (“HCAA”), §§ 13-64-101 to -503, C.R.S. (2025)[...]

Virginia Appellate Court Rules Trial Court Did Not Err In Limiting Medical Malpractice Plaintiff’s Experts Testimony At Trial

October 22, 2025

Lindsay Sightler visited Dr. Ashley Lubecki, her OB-GYN, in September 2018 to confirm her pregnancy and because she “was concerned about a small mass . . . on the left side of [her] breast.” Dr. Lubecki “took a quick history” and referred Sightler for an ultrasound due to “a left palpable [...]

Virginia Appellate Court Reverses Medical Malpractice Defense Verdict Due To Defective Habit Instruction

October 21, 2025

Plaintiff Ann Reynolds Lee filed her Virginia medical malpractice lawsuit against Dr. William Manson, UVA Physicians Group, and Dr. Troy Davis. She alleged that in September 2020, she underwent an anterior cervical discectomy and fusion at UVA Medical Center. Dr. Manson was Lee’s attending anesthe[...]

Georgia Supreme Court Upholds Constitutionality Of Treating Mentally Incompetent Medical Malpractice Plaintiffs Differently Than Mentally Incompetent Plaintiffs In Other Kinds Of Actions

October 20, 2025

Andreana Williams, as conservator for her mother Michelle Hewett, filed a medical malpractice action against Regency Hospital Company, LLC, Regency Hospital Company of Macon, LLC (“Regency”), and Regency’s employee Jacquita Baldwin, APRN. The defendants moved to dismiss based on the expira[...]

New York Appellate Court Rules Patient’s Statement In Medical Record Admissible As Business Records Exception To Hearsay Rule

October 19, 2025

On September 25, 2019, the plaintiff was employed as a laborer by the third-party defendant, ATA Construction New York, Inc. (“ATA”), when he allegedly was injured at a construction site located at 160 Dikeman Street in Brooklyn, which was owned by the defendant 160 Dikeman Street, LLC ([...]

Alabama Supreme Court Rules Medical Malpractice Case Filed Too Late

October 13, 2025

On October 22, 2024, Arlene and Daniel Morgan filed an Alabama medical malpractice lawsuit pursuant to the AlabamaMedical Liability Act (“the AMLA”), § 6-5-480 et seq. and § 6-5-540 et seq., Ala. Code 1975, claiming that Arlene was prescribed Plaquenil, a drug that poses a risk of reti[...]

Texas Appellate Court Affirms Claim Arising From Injuries Suffered By Patient Being Helped To Car After Hospital Care Is Health Care Liability Claim

October 11, 2025

After Kathleen Holcomb (“Holcomb”) was treated at Seton Medical Center (“Seton”), Seton employees transported Holcomb from the hospital back to her car. Unfortunately, while assisting Holcomb into her car, the employees dropped her, causing her to break her foot and ankle. Ho[...]

Pennsylvania Appellate Court Holds Release In Underlying Medical Malpractice Case Also Released Claims Of Fraudulent Inducement

October 10, 2025

On April 18, 2008, Sean and Amy West (the Wests) filed a medical malpractice action claiming damages due to the mismanagement of Amy West’s labor and delivery resulting in the rupture of her uterus and catastrophic brain injuries to her child, Juliana West. A jury trial commenced on January 8, 201[...]

Ohio Appellate Court Rules Cap On Noneconomic Damages In Medical Malpractice Case Unconstitutional

October 7, 2025

On or about May 27, 2015, Susana Lyon (“Lyon”) presented at Lower Lights Christian Health Center (“Lower Lights”) with a history of GERD and tachycardia. In October 2015, Lyon presented again at Lower Lights with complaints of gastroparesis. Lyon had lost over 30 pounds since her las[...]

$35M Maryland Medical Malpractice Verdict Overturned

October 6, 2025

In a Maryland medical malpractice case filed in the Circuit Court for Baltimore City, J.B. (the “Child”), a minor, by and through his mother (the “Mother”), alleged that Harbor Hospital, Inc. (the “Hospital”) was negligent in the post-delivery care provided to him, which resulted in his [...]

New Mexico Federal Court Grants Summary Judgment Against Prisoner Alleging EMTALA Claim

October 2, 2025

Plaintiff suffered a stroke while in custody. He asserts that Defendants were negligent or failed to provide adequate medical care, which includes failing to identify and treat his stroke. On May 16, 2019, while detained pretrial at Curry County Detention Center, Plaintiff was seen by Wellpath nurse[...]

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Category: Medical Malpractice Laws