Medical Malpractice Laws Archives - Page 135 of 143

Kansas Senate Distrusts Its Citizens To Decide Medical Malpractice Cases

February 23, 2014

On February 19, 2014, the Kansas Senate passed Senate Bill 119 that would require that Kansas medical malpractice claims be initially filed with a three-member panel that would determine if the defendant(s) breached the applicable standard of care in rendering (or failing to render) medical care [...]

Virginia Medical Malpractice Law Says A Fetus Is A Patient

February 21, 2014

In an opinion filed on January 10, 2014, a Virginia appellate court held that a fetus who was injured in the womb due to alleged medical malpractice is considered a “patient” and therefore her medical malpractice claim arose under Virginia’s Medical Malpractice Act, Code Sections 8[...]

Idaho Medical Malpractice Supreme Court Decision Regarding Causation

February 17, 2014

In its lengthy opinion issued on February 14, 2014, the Supreme Court of the State of Idaho (“Idaho Supreme Court”) discussed establishing causation in Idaho medical malpractice cases where there are several potential causes of symptoms and there is insufficient scientific basis to con[...]

The Failure Of New Hampshire’s Medical Malpractice Screening Panels

February 14, 2014

In 2005, New Hampshire lawmakers created medical malpractice screening panels consisting of a doctor, a lawyer, and a retired judge who initially determine medical malpractice claims in an effort to reduce medical malpractice litigation costs and to control the rising costs of medical malprac[...]

Some Maryland Legislators Seek To Harm The Most Vulnerable Medical Malpractice Victims

February 13, 2014

A proposed law being considered by the Maryland Senate is Senate Bill 798. This Bill would harm the most vulnerable (and some of the most catastrophically injured) medical malpractice victims — babies born with birth-related neurological injuries due to medical negligence and their devasta[...]

Pennsylvania Medical Malpractice Verdict Overturned For Lack Of Proper Expert Testimony

February 12, 2014

On February 7, 2014, the Superior Court of Pennsylvania (“Superior Court”) overturned a Pennsylvania medical malpractice jury’s verdict in favor of the plaintiff. The jury had awarded damages in the amount of $365,500 to the plaintiff in her capacity as the executrix of her decea[...]

Georgia Judge Increases $3M Medical Malpractice Verdict To Nearly $4.5M

February 11, 2014

On February 4, 2014, a Georgia judge determined that the plaintiffs’ medical malpractice verdict in the amount of $3 million for a baby’s permanent and severe brain damage suffered as a result of alleged medical malpractice shortly after his birth will be increased to almost $4.5 millio[...]

Florida Supreme Court Upholds Intent Of Amendment 7

February 8, 2014

In its decision dated January 30, 2014, the Supreme Court of Florida (“Florida Supreme Court”) upheld the intent of so-called Amendment 7 (Art. X, § 25, Fla. Const.), which is entitled, “Patients’ right to know about adverse medical incidents.” Amendment 7 was passed[...]

Kentucky Lawmakers Looking To Pass Unnecessary Medical Malpractice Laws

January 30, 2014

Some Kentucky lawmakers, with the backing, support, and legislative push of a vocal and powerful coalition of financially-interested health care groups, are setting their sights on pushing forward with their agenda of imposing unnecessary medical malpractice “reforms” that will benefit[...]

Connecticut Supreme Court Says Medical Records Admissible As Evidence Of Causation In Medical Malpractice Claim

January 26, 2014

In its decision published on December 31, 2013, the Connecticut Supreme Court examined the circumstances under which a treating physician’s medical records can be admitted as evidence of causation in a medical malpractice action. The Connecticut Supreme Court stated that an expert’s opinion i[...]

VA Medical Malpractice Claim For Failure To Advise Patient Of Melanoma Diagnosis

January 24, 2014

A federal medical malpractice lawsuit involving the Bath VA Medical Center in New York was filed on January 8, 2014 on behalf of a 70-year-old man whose malignant melanoma was diagnosed after a biopsy of a skin lesion but he was not advised of the diagnosis of melanoma until two years later. Th[...]

Washington Supreme Court Finds Part Of Medical Malpractice Law Unconstitutional

January 20, 2014

On January 16, 2014, the Supreme Court of the State of Washington (“Washington Supreme Court”) held that a Washington statute that eliminates tolling of the statute of limitations for minors in the context of medical malpractice claims is unconstitutional: “We hold that RCW 4.16.[...]

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Category: Medical Malpractice Laws