Medical Malpractice Laws Archives - Page 134 of 143

New Jersey Supreme Court Discusses Jury Instructions In Medical Malpractice Cases

May 27, 2014

On May 20, 2014, the Supreme Court of New Jersey (“Supreme Court”) discussed at length the required instructions to be given to a medical malpractice jury where a physician allegedly breached the duty of care by failing to protect a patient with a history of alcohol and drug abuse from s[...]

Rhode Island Supreme Court Decides Claims Against Labs Are Not Medical Malpractice Claims

May 13, 2014

In its decision dated May 2, 2014, the Rhode Island Supreme Court (“Supreme Court”) held that the Rhode Island Legislature did not intend for negligence actions against medical laboratories to fall under the ambit of Rhode Island’s medical malpractice laws. In reaching its decision[...]

Tennessee Supreme Court Allows Medical Malpractice Lawsuit Despite Failure To Strictly Comply With Pre-Suit Notice Requirement

April 30, 2014

In its decision issued on April 24, 2014, the Supreme Court of Tennessee (“Tennessee Supreme Court”), which is Tennessee’s highest court, ruled that a medical malpractice plaintiff had substantially complied with Tennessee’s statutory pre-suit notice requirement for Tennessee[...]

Mississippi Appeals Court Grants Nursing Home New Trial

April 3, 2014

On March 25, 2014, the Court of Appeals of the State of Mississippi (“Appeals Court”) granted a new trial to the defendant nursing home that was held responsible for a wrongful death verdict in the amount of $1,213,300 (the amount of the verdict was reduced to $513,300 pursuant to[...]

Tennessee Appeals Court Finds Substantial Compliance By Medical Malpractice Plaintiff

March 30, 2014

In its written opinion filed on March 28, 2014, the Court of Appeals of Tennessee at Knoxville (“Appeals Court”) decided an appeal in which the issue was “whether the Plaintiff failed to strictly comply with the pre-suit notice requirement that the affidavit of service of the writt[...]

Indiana Supreme Court Says FedEx Saved Medical Malpractice Claim

March 25, 2014

The Indiana Supreme Court held in its written opinion filed on March 10, 2014 that the commencement of a medical malpractice action occurs when a copy of the proposed complaint is deposited for mailing by registered or certified mail or by certain private delivery services, and that the plaintiff&#[...]

Florida Supreme Court Says Cap On Wrongful Death Noneconomic Damages Violates Equal Protection

March 14, 2014

On March 13, 2014, the Supreme Court of Florida (“Florida Supreme Court”) held that “the cap on wrongful death noneconomic damages provided in section 766.118, Florida Statutes, violates the Equal Protection Clause of the Florida Constitution.” The case involved an Air Force [...]

Maryland’s Proposed Legislation Would Triple Medical Malpractice Noneconomic Damages Cap For Catastrophic Injuries

March 9, 2014

A bill introduced in the Maryland House of Delegates on February 6, 2014, if passed and signed into law as presently worded, would triple Maryland’s cap on noneconomic damages in medical malpractice cases where there has been a “catastrophic injury.” If signed into law, it’s[...]

$91.5M Nursing Home Malpractice Verdict In West Virginia Challenged

March 8, 2014

On March 5, 2014, the West Virginia Supreme Court of Appeals (“the Court”), West Virginia’s highest court, heard oral arguments with regard to the appeal of a nursing home malpractice jury verdict in the amount of $91.5 million that was rendered in 2011. $80 million of the verdict[...]

Maryland Senate Bill To Establish Birth Injury Fund To Be Studied By Task Force

March 2, 2014

Maryland Senate Bill 798, which would have established the Maryland No-Fault Birth Injury Fund (“Fund”) for the “adjudication and compensation of a claimant for a birth-related neurological injury,” was put on hold when its sponsor in the Maryland Senate added an amendment[...]

Kansas Senate Seeks Medical Malpractice Cap Increase And Other Reforms

March 1, 2014

The Kansas Senate has taken the initial step to increase the $250,000 cap on noneconomic damages in all personal injury actions, including medical malpractice cases, that was enacted in 1988 but had not increased since then despite inflation. The original Kansas cap on noneconomic damages in medic[...]

California Appellate Court Holds That Biliary Stent Is A Foreign Object

February 24, 2014

On May 24, 1996, surgeons implanted a stent in the plaintiff’s bile duct during emergency abdominal surgery, following the man suffering a serious gunshot wound. The plaintiff alleged that he was unaware of the implanted stent until August 10, 2010, when he sought medical treatment fo[...]

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Category: Medical Malpractice Laws