Medical Malpractice Laws Archives - Page 138 of 143

Colorado Medical Malpractice Loss Means Parents Must Pay $340,000 For Defendant’s Costs

August 14, 2013

When a baby in the womb did not have a pulse and was not receiving oxygen for thirteen minutes during delivery four years ago, resulting in the baby suffering permanent brain damage requiring constant medical care for the rest of his life, without explanation as to what had occurred, the parents fi[...]

Changes To Maryland’s Medical Assistance Lien Regulations For Medical Malpractice Claims

August 12, 2013

Effective June 24, 2013, Maryland made changes to its Medical Assistance (“MA”) lien recovery regulations that set forth the manner in which the amount of the lien will be reduced in medical malpractice and other personal injury claims for attorney’s fees incurred by the MA recipi[...]

Massachusetts Supreme Judicial Court Protects Indigent Medical Malpractice Plaintiffs

August 8, 2013

In its opinion filed on August 5, 2013, the Massachusetts Supreme Judicial Court (“SJC”) came to the aid of indigent medical malpractice plaintiffs when it decided that a judge may not refuse to reduce the amount of a required bond solely because he or she believes the plaintiffs̵[...]

Indiana Supreme Court Reverses Medical Malpractice Loss Based On Statute Of Limitations

August 7, 2013

The Indiana Supreme Court revived a medical malpractice claim that the trial court had determined to have been filed too late under the relevant Indiana statute of limitations. The Indiana Supreme Court began its written opinion by stating, “In this case, the parties have spent five years d[...]

Supreme Court Of Florida Rejects Arbitration Agreement In Medical Malpractice Case

August 4, 2013

In its decision filed on June 20, 2013, the Supreme Court of Florida (“Florida Supreme Court”) held that an agreement to arbitrate a medical malpractice claim against a Florida surgeon was unenforceable. The patient had signed a “Financial Agreement” prior to his surgery t[...]

Is There New Hope For California Medical Malpractice Victims?

July 31, 2013

California has one of the most unfair, draconian caps on non-economic damages in medical malpractice cases that has not changed in nearly 40 years (the price of gasoline in California in 1975 was 58.7 cents per gallon (source) when the California Medical Injury Compensation Reform Act was enacted[...]

New York State-Operated Hospital Killed Patient With Impunity

July 15, 2013

On March 7, 2013, a 41-year-old single mother of a mentally disabled teenage daughter died after her over two-year battle with lung cancer that was treatable and curable had a New York state-operated hospital not committed medical malpractice in 2010. When the woman arrived at the emergency roo[...]

Obama Administration Responds To Recent SCOTUS Generic Drug Decision

July 11, 2013

As we discussed in our June 27, 2013 blog entitled “U.S. Supreme Court Decision Shields Generic Drug Manufacturers,” the U.S. Supreme Court (“SCOTUS”) held in its 5-4 decision filed on June 24, 2013 that personal injury claims against generic drug manufacturers under des[...]

Georgia Supreme Court To Review Emergency Medical Care Gross Negligence Standard

July 2, 2013

In case a before the Supreme Court of Georgia that is scheduled for oral argument today, the parents of a 15-year-old who died as a result of pulmonary embolism despite being seen in a hospital emergency room two weeks earlier brought a medical malpractice claim against the emergency room physicia[...]

U.S. Supreme Court Decision Shields Generic Drug Manufacturers

June 27, 2013

In its 5-4 decision filed on June 24, 2013, the Supreme Court of the United States (“Supreme Court”) held that personal injury claims against generic drug manufacturers under design-defect consumer protection state laws that turn on the adequacy of a drug’s warnings are pre-empted [...]

Illinois Medical Malpractice Defense Verdict Overturned On Appeal

June 23, 2013

On May 24, 2013, the Appellate Court of Illinois Fourth Circuit (“Appellate Court”) overturned a medical malpractice verdict in favor of the defendants because the trial court impermissibly allowed the defendants’ lawyer to question the plaintiff’s medical expert in front of [...]

Minnesota Supreme Court Upholds Loss-Of-Chance In Medical Malpractice Cases

June 13, 2013

In its decision filed on May 31, 2013, the Minnesota Supreme Court held that in a medical malpractice action, a patient may recover damages when a physician’s negligence causes the patient to lose a chance of recovery or survival. The Minnesota Supreme Court held, “Because we conclude that M[...]

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Category: Medical Malpractice Laws