Medical Malpractice Laws Archives - Page 16 of 143

Maryland Supreme Court Discusses Using Nurses As Qualified Experts In Medical Malpractice Cases

July 29, 2025

Under the Maryland Health Care Malpractice Claims Act (“HCMCA” or “Act”), unless the sole issue in a claim is lack ofinformed consent, a claimant must file a “certificate of a qualified expert … attesting to departure from standards of care, and that the departure from standards of care [...]

Indiana Appellate Court Affirms Medical Malpractice Defense Verdict Despite Juror’s Misconduct

July 29, 2025

Background After losing her medical malpractice case against Dr. Margaret Inman, Amanda Ping learned that one of the jurors who returned the adverse verdict had not disclosed that she recognized the name of a defense expert witness. Ping soughta new trial, which the trial court summarily denied. Pin[...]

Iowa Supreme Court Holds No Good Cause Shown For Late Certification Of Expert In Medical Malpractice Case

July 28, 2025

Iowa Code section 668.11 (2021) prohibits the testimony of experts in professional liability cases (Iowa medical malpractice cases) if not timely certified unless good cause is shown for missing the deadline. Iowa Code section 668.11 provides: A party in a professional liability case brought against[...]

Maryland Appellate Court Upholds Summary Judgment For Defendants In Medical Malpractice Case

July 27, 2025

Linda Newton died at Harford Memorial Hospital (“Hospital”) after falling into septic shock. Her estate (“Estate”) alleged that she died as a result of medical malpractice on the part of a radiologist, Haleema Javid, M.D., who read an x-ray taken when she presented to the Hospital with abdom[...]

Georgia Appellate Court Applies Safe Harbor Provision In Allowing Renewed Medical Malpractice Complaint

July 23, 2025

In Georgia, a complaint seeking damages for professional malpractice under OCGA§ 9-11-9.1(a) requires the plaintiff “to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent actor omission claimed to exist and t[...]

Maryland Supreme Court Holds Medical Records Retrieval Company Cannot Charge Fee For Search That Finds No Records

July 12, 2025

The Maryland General Assembly enacted the Confidentiality of Medical Records Act, Md. Code Ann., Health-Gen. §§ 4-301 – 4-310 (2023 Repl.; 2024 Supp.), to protect the privacy of patients and maintain the confidentiality of medical records by establishing rules for the maintenance and disclosure [...]

Illinois Appellate Court Affirms $20M Birth Injury Medical Malpractice Verdict Despite Improper Failure To Provide Hospital’s Requested Jury Instruction

July 8, 2025

Following a three-week trial, an Illinois medical malpractice jury found Advocate Health and Hospitals Corporation(Advocate) liable for the neurodevelopmental disabilities of a child delivered at the hospital in 2014. The plaintiffsargued that the child suffered brain damage (hypoxic ischemic enceph[...]

Missouri Appellate Court Holds Continuing Care Doctrine Did Not Revive Medical Malpractice Case

June 30, 2025

The Wolfes filed a petition alleging negligent post-operative care of Frank Wolfe. The defendant filed a motion for partial summary judgment arguing that all claims of medical negligence occurred before July 16, 2019, more than two years before the petition was filed. As such, the defendant argued t[...]

New Utah Medical Malpractice Law Protects Physicians’ Assets In Medical Malpractice Cases

June 27, 2025

A new law in Utah signed into law by the Governor on March 27, 2025 provides, in part: (4) A plaintiff may not pursue, collect, or execute on a judgment against an individual health care provider’s personal income or assets, unless the court finds that: (a)the provider’s conduct was will[...]

Federal Appellate Court Affirms Dismissal Of Lawsuit Seeking Damages For Refusal To Provide Certificate Of Merit For Medical Malpractice Claim

June 17, 2025

Underlying Facts Harold Berk suffered a fall that resulted in a significant ankle injury. He alleged that he received deficient care while hospitalized in Delaware that exacerbated his ankle injury as well as pre-existing wounds on his legs. He subsequently obtained care from the Rothman Entities. T[...]

Wisconsin Appellate Court Rules It Was Proper To Leave Nonparty Doctor Off Special Verdict Form In Medical Malpractice Case

June 16, 2025

The Estate of Annie Yang and Sarina Yang filed a Wisconsin medical malpractice case arising from Annie’s death following a surgical procedure performed by Dr. Christopher T. Smith on Annie, who had an inherited blood disorder known as spherocytosis and enlargement of the spleen called splenomegaly[...]

Federal Court Enters Summary Judgment For Maryland Nursing Home

June 12, 2025

Plaintiff is the daughter of Louise Longus (“Decedent”). Decedent underwent a below the knee amputation at a hospital in Washington, D.C. On January 7 or 8, 2017, Decedent was transferred to Fairland Center (the “Facility”) for rehabilitation. While Decedent was at the Facility, Decedent tol[...]

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Category: Medical Malpractice Laws