Medical Malpractice Laws Archives - Page 139 of 143

New York Court Of Appeals Side-Steps Loss-Of-Chance Recovery In Medical Malpractice Case

June 10, 2013

In its decision filed on June 6, 2013, the New York Court of Appeals (“Court of Appeals”) declined to decide if the “loss-of-chance” theory of tort recovery is available in New York medical malpractice cases. The loss-of-chance doctrine allows recovery to patients “[...]

Oklahoma Supreme Court Finds Medical Malpractice Expert Affidavit Requirement Unconstitutional

June 5, 2013

On June 4, 2013, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held that the Oklahoma statutory requirement that an affidavit of merit be filed in actions for professional negligence (medical malpractice) is a “special law” that regulates the practice[...]

Our Memorial Day Thoughts Are With Veterans Injured Due To VA Medical Malpractice

May 27, 2013

On this Memorial Day 2013, we remember and honor all of the members of all of the branches of the U.S. military who sacrificed their own needs when their country needed them the most. Fortunately, most veterans returned home after their tours of duty in good shape. However, others were permane[...]

Minnesota Appellate Court Dismisses Medical Malpractice Plaintiff’s Appeal

May 23, 2013

In an unreported decision filed on May 13, 2013, the Minnesota Court of Appeals (Minnesota’s intermediate appellate court) affirmed the lower court’s granting summary judgment in favor of the medical malpractice defendants due to a deficiency in the plaintiff’s expert affidavit. Th[...]

$38.5 Million Florida Medical Malpractice Verdict (Plus “Strikes”)

May 18, 2013

On May 17, 2013, after a month-long trial before a medical malpractice jury in Broward County, Florida, the plaintiffs were awarded $38 million and the two medical malpractice defendant doctors were assessed “strikes.” The “strikes” were assessed by the medical malpractice ju[...]

Mississippi Supreme Court Overturns Wrongful Death Medical Malpractice Verdict

May 14, 2013

On April 25, 2013, the Supreme Court of Mississippi (“Mississippi Supreme Court”) overturned a $1 million medical malpractice jury verdict in favor of the medical malpractice plaintiff, holding that the trial judge committed reversible error in instructing the jury that they could consid[...]

Tennessee Court Of Appeals Upholds Pre-Suit Notice Requirement

May 12, 2013

On April 17, 2013, the Court of Appeals of Tennessee turned down a constitutional challenge and upheld Tennessee Code Annotated Section 29-26-121, which requires a medical malpractice claimant to provide notice sixty days prior to filing suit, holding that section 29-26-121 is not an unconstitutio[...]

Tennessee Supreme Court Finds Medical Malpractice Case Was Filed Too Late

May 10, 2013

In a May 9, 2013 decision by the Supreme Court of Tennessee (“Tennessee Supreme Court”), the Court held that the parents of a child who died allegedly as a result of medical negligence in a county hospital filed their medical malpractice case too late and therefore were precluded fr[...]

Missouri State Senators Looking To Harm Medical Malpractice Victims (Again)

May 2, 2013

On April 30, 2013, Missouri state senators debated proposed new legislation (House Bill 112) that would reinstate a $350,000 cap on noneconomic damages in medical malpractice cases that the Supreme Court of Missouri had held in its July 31, 2012 decision in the Watts v. Lester E. Cox Medical Cen[...]

Ohio Supreme Court: “I Take Full Responsibility For This” Is Inadmissble In Medical Malpractice Case

May 1, 2013

In its decision filed on April 23, 2013, the Supreme Court of Ohio (“Ohio Supreme Court”) held that a surgeon’s statement to his patient that “I take full responsibility for this. Everything will be okay” after he performed gall bladder surgery on her that resulted in complica[...]

Iowa’s Misguided Medical Malpractice Reform Efforts

April 11, 2013

The Iowa Legislature is considering bills in both its House and Senate that would “reform” its medical malpractice laws. As one example, Senate Study Bill No. 1054 would add a requirement for a certificate of merit affidavit to be filed for each expert who is expected to testify to the [...]

Arizona Supreme Court Defines “Specialist” In Medical Malpractice Context

April 9, 2013

On March 12, 2013, the Supreme Court of Arizona (“Arizona Supreme Court”) filed its opinion in a case that defined what a “specialist” is under Arizona law in the medical malpractice context. The definition of “specialist” is important because Arizona law (A.R.S[...]

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Category: Medical Malpractice Laws