Medical Malpractice Laws Archives - Page 24 of 143

Arizona Supreme Court Holds Expert Opinion Required In Prescription Drug Malpractice Claim

October 19, 2024

To prevail on a negligence claim concerning medical malpractice in Arizona, a plaintiff must prove that the defendant doctor failed to meet the standard of care required of a health care professional in the doctor’s field of practice. Pursuant to A.R.S. § 12-2603, a plaintiff is required to certi[...]

Montana Supreme Court Won’t Revive Medical Malpractice Case Filed Too Late

October 17, 2024

Mr. Phillips died on October 11, 2019, shortly after receiving medical attention from Dr. Anna Robbins at Logan Health f/k/a Kalispell Regional Healthcare. On April 22, 2021, Phillips submitted an application to the Montana Medical Legal Panel (MMLP) alleging medical malpractice against Dr. Robbins [...]

Iowa Supreme Court Orders Dismissal Of Medical Malpractice Case Due To Unsworn Certificate Of Merit

October 16, 2024

Iowa Code Section 147.140 (2022) Iowa Code section 147.140(1)(a) provides: “In any action for personal injury or wrongful death against a health care provider based upon the alleged negligence in the practice of that profession or occupation or in patient care, which includes a cause of action[...]

Utah Supreme Court Rules Alleged Sexual Assault Of Patients By Physician Not Medical Malpractice Claim

October 10, 2024

Ninety-four former patients of David Broadbent, an obstetrician and gynecologist (OB-GYN), have sued him, alleging that Broadbent sexually assaulted them under the guise of providing medical treatment. Their claims against Broadbent include sexual battery, sexual assault, and intentional infliction [...]

How Do You Prove Medical Malpractice?

October 9, 2024

In general, medical malpractice occurs when a medical provider breaches the standard of care applicable under the circumstances and the breach leads to provable harm. The standard of care is generally defined as what a reasonably competent medical provider would do/not do under the circumstances. Es[...]

New Jersey Supreme Court Rules Nursing Home Incident Reports In Two Injury Cases Not Privileged

October 9, 2024

The New Jersey Supreme Court stated in its August 5, 2024 decision: In this consolidated appeal, the Court considers whether internal reports and documents created after alleged adverse events occurred at the defendant nursing and assisted living facilities are discoverable or are instead privileged[...]

Some Ridiculous Medical Malpractice Laws – California, Indiana, West Virginia

October 7, 2024

California – Driver’s Personal Injury Claim Against Ambulance That Rear-Ended Him Is A Medical Malpractice Claim Francisco Gutierrez was driving on Interstate 280 when he was forced to stop. Shortly after Gutierrez stopped, Tostado, who was driving an ambulance, rear-ended him. At the ti[...]

Some Ridiculous Medical Malpractice Laws – Tennessee, Texas, Ohio

October 5, 2024

Tennessee In Tennessee, medical malpractice victims must prove: “(1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at[...]

Michigan Supreme Court Rules Loss Of Future Earnings Not Recoverable In Wrongful Death Claims

October 4, 2024

The issue before the State of Michigan Supreme Court in a case decided on July 30, 2024 was whether the wrongful death act (WDA), MCL 600.2922, allows recovery of damages for lost future earnings absent a showing that a beneficiary is entitled to those earnings as financial support, in light of a pr[...]

Minnesota Appellate Court Affirms Summary Judgment For Hospital In Fall After Giving Birth Malpractice Claim

October 3, 2024

Angie M. Barsness gave birth in a hospital in December 2016. While in labor, she was given an epidural and a bolus for pain relief. A bolus involves administering a larger amount of epidural medication which increases pain relief but can lead to more numbness and less motor control of the legs. Appr[...]

How Do I Sue The VA For Medical Malpractice?

October 2, 2024

The Federal Tort Claims Act (FTCA) allows veterans and their families to file a medical malpractice claim against VA doctors and employees if their negligent care caused an injury. The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money [...]

Rhode Island Supreme Court Grants New Trial For Medical Malpractice Plaintiff

October 1, 2024

The plaintiff, John Armour, individually and as personal representative of the Estate of Judith Armour, appealed from the denial of his motion for a new trial following a verdict for the defendants David Bader, M.D., Neil Brandon, M.D., and South County Hospital Healthcare System d.b.a. South County[...]

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Category: Medical Malpractice Laws