Medical Malpractice Laws Archives - Page 25 of 143

Federal Appellate Court Affirms Delaware’s Affidavit of Merit Requirement In Medical Malpractice Cases Applies In Federal Court

September 30, 2024

Del. Code Ann. tit. 18, § 6853(a)(1)-(3) The Delaware Affidavit of Merit (“AOM”) statute provides: (a) No health-care negligence lawsuit shall be filed in this State unless the complaint is accompanied by: (1) An affidavit of merit as to each defendant signed by an expert witness, . . .[...]

Maryland Appellate Court Affirms Striking Of Plaintiffs’ Medical Malpractice Experts

September 29, 2024

In 2013, Ms. Sabrina Kiebler became pregnant and had an uneventful pregnancy for the first approximately 29 weeks of the pregnancy. On December 23, 2013, Ms. Kiebler presented at Bayview Medical Cenetr (“Bayview”), complaining of decreased, but not absent, fetal movement, which had been [...]

Michigan Supreme Court Clarifies Medical Malpractice Expert Qualification Requirements

September 28, 2024

In its Opinion filed on July 25, 2024, the State of Michigan Supreme Court stated: “In these medical malpractice cases, we clarify the standard of care requirements for expert medical witnesses under MCL 600.2169, as interpreted in Woodard v Custer, 476 Mich 545, 719 NW2d 842 (2006).” Th[...]

Missouri Appellate Court Overturns Punitive Damages Award In Opioid-Prescribing Medical Malpractice Case

September 26, 2024

Gregory Frost (“Frost”) claimed he became addicted to opioids due to the negligence of PCRMC Medical Group, Inc., d/b/a Phelps Health Medical Group (“Medical Group”). A jury found that Frost incurred compensatory damages in the amount of $200,000, that comparative fault for said damages was [...]

Texas Appellate Court Reinstates Mental Patient’s Head Injury Medical Malpractice Case

September 23, 2024

Brandon Dodd filed a second amended petition naming Vishal Patel, M.D., University Behavioral Health of Denton (UBH), and Saumil Mehta, M.D., as defendants. The petition alleged Dodd, an eighteen-year-old high school student, was admitted to UBH on the afternoon of May 8, 2020, “in a confused and [...]

Massachusetts Appellate Court Limits Jury Voir Dire In Medical Malpractice Case

September 22, 2024

In a Massachusetts medical malpractice case on appeal in which the sole issue was whether the trial judge abused his discretion in setting limitations on attorney-conducted voir dire of the prospective jurors where the plaintiffs alleged that the defendant doctor should have directed the decedent to[...]

New York Appellate Court Affirms Summary Judgment For Referring Physicians In Medical Malpractice Case

September 18, 2024

After plaintiff presented at an emergency department complaining of severe abdominal pain, defendant Richard D. Bloomberg, M.D., the on-call surgeon, performed an exploratory laparotomy, which revealed the presence of a large mass in plaintiff’s stomach. During the surgery, Bloomberg consulted wit[...]

New Jersey Supreme Court Addresses Affidavit Of Merit Requirements In Medical Malpractice Cases

September 17, 2024

Pursuant to N.J.S.A. 2A:53A-27, a plaintiff in an action against a licensed professional must produce an affidavit from an expert attesting to the merits of the claim. Issues regarding the expert affidavit — the Affidavit of Merit (AOM) — are to be resolved at an accelerated case managem[...]

When Is A Mistake Considered Medical Malpractice?

September 14, 2024

Everyone makes mistakes sometimes – you miss your turnoff on the highway; you leave your cellphone on the table at a restaurant; a dark sock is put in the washing machine with a load of whites; etc. Many mistakes merely cause temporary inconvenience or result in an uncomfortable laugh. Other m[...]

Florida $2M Medical Malpractice Arbitration Award Set Aside

September 13, 2024

Background Facts On July 30, 2020, Mauricio Polifroni presented to North Shore Medical Center after suffering a stroke. His condition deteriorated and he died thirteen days after admission. North Shore Medical Center (“North Shore”) and Clara Navarro, Polifroni’s wife, agreed to participate in[...]

Ohio Appellate Court Affirms Summary Judgment For Medical Malpractice Defendant Based On Sham Affidavit Doctrine

September 12, 2024

Sham Affidavit Doctrine The “sham affidavit” doctrine precludes a party from creating an issue of fact to prevent summary judgment by submitting an affidavit that directly contradicts previous sworn testimony of the affiant. Background Facts On January 11, 2022, Moore filed a pro se complaint in[...]

Are Medical Malpractice Settlements Taxable?

September 10, 2024

According to the IRS, the general rule regarding taxability of amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61. This section states all income is taxable from whatever source derived, unless exempted by another section of the code. IRC [...]

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Category: Medical Malpractice Laws