Medical Malpractice Laws Archives - Page 22 of 143

Massachusetts Appellate Court Rules Medical Malpractice Plaintiff Cannot Keep Her Medical Records Private

January 16, 2025

After a hearing in Superior Court, a Massachusetts medical malpractice tribunal convened pursuant to G. L. c. 231, § 60B, determined that the plaintiff’s offer of proof, including an expert report, was insufficient to allow the plaintiff’s claim to go forward without posting a bond. Aft[...]

Iowa Supreme Court Affirms New Trial Required After $97M Birth Injury Medical Malpractice Verdict

January 12, 2025

Background Facts S.K.’s mom (mom) became pregnant with her third child, S.K. Throughout her pregnancy, mom received prenatal care from Dr. Jill Goodman, M.D. (Dr. Goodman). Dr. Goodman was employed by a clinic called Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C. (clinic)[...]

Federal Appellate Court Holds Removal Of COVID-19 Assisted Living Case To Federal Court Was Improper

January 9, 2025

In October 2019, Sara Schleider was admitted as a patient at an assisted living facility owned and operated by Defendants. Around May 9, 2020, she contracted COVID-19 at Defendants’ facility and died soon after . Plaintiffs, as representatives for Sara Schleider’s estate, asserted survival and w[...]

Washington Appellate Court Affirms Exercise Of Judgment Jury Instruction Was Appropriate In Medical Malpractice Case

January 8, 2025

In a Washington medical malpractice case, the trial judge instructed the jury, in part, as follows: “A physician does not guarantee the results of his or her care and treatment. A poor medical result is not, by itself, evidence of negligence.” Jury Instruction 9. “A physician is no[...]

Ohio Supreme Court Allows Medical Malpractice Defendant To Raise Defective Service Of Process Defense Two Years Into Litigation

December 26, 2024

The administrator of a deceased woman’s estate filed a complaint alleging medical malpractice and wrongful death against a doctor, the doctor’s employer, a hospital, and Medicare. The doctor and his employer filed an answerthat included the affirmative defenses of insufficiency of process and in[...]

Ohio Appellate Court Affirms Medical Malpractice Defense Verdict Despite Juror Concerns

December 24, 2024

Harold Price suffered from chronic kidney disease. In 2017, his nephrologist noted a possible lesion on his left kidney following an ultrasound. The doctor ordered an MRI and biopsy of that kidney. The MRI also revealed a lesion on the right kidney. A recommendation was made to obtain a repeat scan [...]

New York Appellate Court Affirms Summary Judgment For Ophthalmologist In Cataract Surgery Malpractice Case

December 21, 2024

In October 2013, Ralph Carter (the decedent), who had a long, significant history of alcohol abuse, presented to the defendant Jonathan Ellant, an ophthalmologist, with vision issues. Upon determining that the decedent had cataracts in each eye, Ellant recommended that the decedent have surgery perf[...]

New York Appellate Court Reinstates Medical Malpractice Defense Verdict

December 16, 2024

Background Facts After Gretchen Revere (plaintiff) presented to her primary care physician (PCP) with numerous symptoms including the loss of taste and smell, the PCP referred plaintiff to allergist Stella M. Castro, M.D. of Asthma & Allergy Associates, P.C. (defendants). Following an initial ev[...]

Massachusetts Medical Malpractice Lawsuit Alleging Failed Knee Replacement Dismissed Due To Lack Of Expert

December 14, 2024

In Roman v. Lahey, et al. (Lawyers Weekly No. 02-469-24), the Massachusetts medical malpractice plaintiff alleged that his knee replacement surgery was negligently performed. However, the plaintiff failed to disclose an expert who supported his medical malpractice allegations. The court stated: R[...]

What’s The Difference Between A Bad Outcome And Medical Malpractice?

December 10, 2024

All medical care and treatment carry risks of an unexpected outcome that is harmful to the patient. For example, when a surgical procedure is recommended to a patient, the medical provider is required to explain to the patient the various alternatives of medical treatment that are available as well [...]

Federal District Court Allows Some Of Pro Se Medical Malpractice Plaintiff’s Claims Against VA

December 6, 2024

On April 4, 2022, Plaintiff filed a personal injury claim with the VA by completing a Standard Form 95 (“SF-95”). Plaintiff sought $500,000 in damages for personal injury – specifically, his acute kidney injury (“AKI”) – resulting from the purported failure of medical professiona[...]

California Supreme Court Expands Bystander Negligent Infliction Of Emotional Distress Claims

November 29, 2024

Negligent Infliction Of Emotional Distress Negligent infliction of emotional distress is not an independent tort, but the tort of negligence, to which traditional elements of duty, breach of duty, causation, and damages apply. In Thing, a mother sought emotional distress damages caused by witnessing[...]

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Category: Medical Malpractice Laws