Medical Malpractice Laws Archives - Page 133 of 143

What Is California Proposition 46?

August 13, 2014

The so-called California Proposition 46 (“Medical Malpractice Lawsuits Cap and Drug Testing of Doctors Initiative”) is on the November 4, 2014 ballot in California after being certified on May 15, 2014 by the California Secretary of State. The proponents of California 46 had submitted ap[...]

Maine Medical Malpractice Insurer Announces Large Dividend And Rate Reduction

August 12, 2014

Medical Mutual Insurance Company of Maine (“Medical Mutual”), the dominant medical malpractice insurance company in Maine that insures approximately 3,000 Maine physicians as well as more than 20 Maine hospitals (about 63% of the medical malpractice insurance market in Maine), announced[...]

South Carolina Supreme Court Favors Substance Over Procedure In Medical Malpractice Cases

August 10, 2014

On July 23, 2014, the South Carolina Supreme Court stayed consistent with its prior decisions in medical malpractice cases that permit medical malpractice cases to proceed on the merits rather than to affirm unwarranted dismissals based on technical noncompliance with the medical malpractice statu[...]

Georgia Court Of Appeals Reverses Medical Malpractice Defense Verdict

July 20, 2014

In an opinion filed on July 15, 2014, the Court of Appeals of Georgia (“Court of Appeals”) reversed a defense verdict in a Georgia medical malpractice case because the trial judge failed to advise the plaintiffs regarding a jury note he received after the lunch recess on the first day of[...]

Indiana Medical Malpractice Plaintiff’s Loss In Stillborn Baby Case Upheld On Appeal

July 18, 2014

A woman whose baby died in the womb before birth filed an Indiana medical malpractice lawsuit against her physicians and their medical practice who had provided her with prenatal care, alleging that medical negligence during the month before birth while the fetus was viable led to the baby’s d[...]

Florida Supreme Court Says Medical Malpractice Defendant Cannot Rely On Testimony Of Subsequent Treating Physician

July 14, 2014

In its decision filed on July 10, 2014, the Supreme Court of Florida (“Florida Supreme Court”) held that testimony that a subsequent treating physician would not have treated the patient plaintiff differently had the defendant physician acted within the applicable standard of care is irr[...]

Tennessee Appellate Court Saves Medical Malpractice Case

July 13, 2014

On July 9, 2014, the Court of Appeals of Tennessee issued a written opinion in which it upheld the right of the medical malpractice plaintiff to dismiss without prejudice a defective malpractice case and then re-file the Tennessee medical malpractice case with corrections necessary to comply with th[...]

North Carolina Court Of Appeals: Sudden Emergency Doctrine Inapplicable In Medical Malpractice Cases

July 12, 2014

In a North Carolina medical malpractice case it decided on July 1, 2014, the North Carolina Court of Appeals, which is North Carolina’s intermediate appellate court, held that the standard of care for healthcare professionals, both at common law and as enunciated in section 90-21.12, is design[...]

Oregon’s Medical Malpractice Early Discussion and Resolution Provisions Became Operational On July 1, 2014

July 10, 2014

On March 18, 2013, Oregon’s Governor signed into law Oregon’s so-called Early Discussion and Resolution (“EDR”) proposal that established a voluntary process for health care providers and patients to resolve adverse events without litigation, with the stated goal of enhancing[...]

Montana Supreme Court Sides With Medical Malpractice Plaintiff

July 6, 2014

In its decision filed on June 27, 2014, the Supreme Court of the State of Montana (“Montana Supreme Court”) decided the issue of whether the elements of the medical malpractice Plaintiff’s malpractice complaint were sufficiently presented before the Montana Medical Legal Panel ([...]

Who’s Responsible For Your Doctor’s Negligence?

June 24, 2014

In an appellate decision by the Court of Appeals of Maryland (“Court of Appeals”) on June 19, 2014, a large Maryland malpractice verdict in favor of a woman who lost a portion of her foot due to the alleged medical malpractice of her podiatrist, who was a listed provider through her mana[...]

Maryland, You Must Join The Majority Of U.S. States That Conduct Criminal Background Checks On Doctors

June 23, 2014

Maryland is just one of thirteen U.S. states that do not require that doctors undergo criminal background checks when they apply for a medical license to practice medicine in the state. The requirement that physicians undergo criminal background checks in Maryland has been considered by the Maryland[...]

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Category: Medical Malpractice Laws