Medical Malpractice Laws Archives - Page 140 of 143

Proposed Changes To Florida’s Medical Malpractice Law Will Further Harm Malpractice Victims

April 8, 2013

On April 2, 2013, the Florida Senate Rules Committee voted in favor of Florida Senate Bill 1792 (SB 1792), which would change Florida’s medical malpractice law to be more slanted in favor of negligent Florida doctors and would further harm Florida medical malpractice victims. How Does SB[...]

Maryland Appellate Court: A Pharmacist Is Qualified To Testify Regarding A Prescription Drug In An Informed Consent Case

March 22, 2013

On March 20, 2013, the Court of Special Appeals of Maryland (“Court of Special Appeals,” Maryland’s intermediate appellate court) issued its written opinion in a case in which it held that a pharmacist was qualified to testify regarding a prescription drug in an informed consent ca[...]

U.S. Supreme Court Rules North Carolina’s Medicaid Reimbursement Law Violates Federal Law

March 21, 2013

The federal Medicaid law provides that all U.S. States must require Medicaid beneficiaries “to assign the State any rights . . . to support (specified as support for the purpose of medical care by a court or administrative order) and to payment for medical care from any third party.” [...]

Maryland Medical Malpractice Appeal Determines Nephrology And Urology Are Related Specialties

March 11, 2013

In an appeal decided by the Court of Special Appeals of Maryland (“Appellate Court”) on March 1, 2013, the issue was whether nephrology and urology are “related” fields under the circumstances of the case before it, as that term is used in subsubparagraphs §§ 3-2A-02(c)(2)(ii)1A [...]

West Virginia Nursing Homes Seek Limit On Their Responsibility For Injuries

March 8, 2013

On March 6, 2013, the West Virginia Senate passed a bill that would limit (cap) the amount that West Virginia nursing homes would be responsible to pay for injuries caused to residents through their negligence, by expressly including nursing homes under the West Virginia Medical Professionals Lia[...]

A Supreme Court Win For Man Injured By A Navy Doctor

March 5, 2013

In a case decided by the U.S. Supreme Court (“Supreme Court”) on March 4, 2013, the Supreme Court determined the issue whether the controlling provision of the Gonzalez Act, §1089(e), authorizes battery claims against the United States when military doctors operate without the patient�[...]

Today’s Blog Celebrates Two Years Of Consecutive Daily Blogging

March 4, 2013

Today we have reached the milestone of two years of consecutive daily blog postings. Tomorrow, we start our third year and we look forward to keeping our readers current with regard to medical malpractice issues and interesting relevant medical news. We have learned a lot while researching the t[...]

West Virginia Supreme Court Refuses To Enforce Nursing Home’s Arbitration Agreement

February 4, 2013

By its decision filed on January 24, 2013, the Supreme Court of Appeals of West Virginia (“Supreme Court”) refused a nursing home’s attempt to enforce an agreement to arbitrate a nursing home resident’s nursing home malpractice case. The Supreme Court held, “West Virgi[...]

Catholic Hospital Defends Medical Malpractice Suit By Claiming Unborn Babies Are Not People

January 31, 2013

While Catholic doctrine establishes the belief that life begins at conception, a Catholic-based hospital in Colorado is defending a medical malpractice case against it and others by alleging and maintaining that unborn babies are not persons. That position would seem to contradict the Catholic [...]

New Michigan Medical Malpractice Reform Law

January 26, 2013

On January 8, 2013, the Governor of Michigan signed into law the so-called (and grossly misnamed) “Patients First Reform Package” that “clarifies” that loss of society or companionship constitutes noneconomic damages subject to Michigan’s noneconomic damages limit, provides how [...]

Indiana Supreme Court Decides That Successful Medical Malpractice Plaintiff Forfeited His Right To Challenge Medical Malpractice Damages Cap

January 21, 2013

On January 15, 2013, the Indiana Supreme Court decided an appeal where the medical malpractice plaintiff received a favorable jury verdict in the amount of $8.5 million that was reduced to $1.25 million pursuant to the Indiana Medical Malpractice Act (“Act”). The Act provides in releva[...]

Ohio Appeals Court Affirms Medical Malpractice Verdict

January 19, 2013

On January 8, 2013, the Tenth District Court of Appeals of Ohio issued its written decision in which it held that a settlement a plaintiff received from a non-state defendant in a medical malpractice case was not a “benefit” that must be offset from the amount of damages the plaintiff may reco[...]

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Category: Medical Malpractice Laws