Medical Malpractice Laws Archives - Page 28 of 143

New York Appellate Court Rules Employer Not Responsible For Alleged Negligence Of RN For Cosmetic Procedure In Private Home

July 29, 2024

In October 2018, the defendant Inna Gordon, a registered nurse, performed a cosmetic procedure on the plaintiff’s chin at Gordon’s private home. The plaintiff subsequently developed cellulitis on her chin where the procedure was performed, which led to scarring. Thereafter, the plaintiff filed a[...]

Georgia Appellate Court Rules No Expert Affidavit Required For Fall Claim Against Medical Assistant

July 28, 2024

On September 3, 2020, Joseph Griffin visited The Emory Clinic, Inc. (“Emory”) for a regular medical examination with Dr. David R. Propp, his long-term physician. Before being seen by Dr. Propp, Griffin was taken by Anna Smith, Dr. Propp’s medical assistant, to get weighed. Griffin [...]

New Jersey Appellate Court Applies Kind-For-Kind Credentialing Requirement For Medical Malpractice Experts

July 27, 2024

If a defendant physician in a New Jersey medical malpractice case has board certifications in two specialties or subspecialties at the relevant time and the allegedly negligent treatment involved both of those credentials, then a plaintiff is required to serve an affidavit of merit (AOM) from a phys[...]

Florida Appellate Court Revives Medical Malpractice Case In Dispute Over Expert’s Qualifications

July 26, 2024

Before filing suit for medical malpractice in Florida, a prospective plaintiff must conduct a statutory presuit investigation. This investigation determines whether the prospective plaintiff has “reasonable grounds to believe” that a prospective defendant provided negligent care or treatment tha[...]

Missouri Appellate Court Reinstates Malpractice Case Against Chiropractor

July 21, 2024

Phyllis Ragsdale experienced persistent back and neck pain. In February 2016, Ragsdale consulted with Chris D. Charlton, D.C., who developed a twelve-visit treatment plan to alleviate her pain by using a diversified technique to adjust her spine. Prior to beginning her treatment, Charlton presented [...]

Virginia Supreme Court Rules Merely Responding To Emails From Virginia Resident Does Not Permit Medical Malpractice Claim To Be Brought Against Out-Of-State Defendants In Virginia

July 20, 2024

Virginia’s Long-Arm Statute Virginia’s long-arm statute provides that a court may exercise personal jurisdiction over a person who transacts business in the Commonwealth or “caus[es] injury in this Commonwealth by an act or omission outside this Commonwealth if he regularly does or solicit[...]

Minnesota Supreme Court Holds Amount Of Proof Of Causation Necessary In Medical Malpractice Cases Is The Same As In Ordinary Negligence Cases

July 19, 2024

Minnesota Medical Malpractice Laws Minnesota Statutes section 145.682 (2022), subdivision 2, establishes requirements “[i]n an action alleging malpractice, error, mistake, or failure to cure . . . against a health care provider” in which “expert testimony is necessary to establish a prima faci[...]

Texas Supreme Court Limits Recoverable Damages In Medical Malpractice Case For Botched Sterilization Procedure

July 18, 2024

A mother sued her doctor and his medical practice for allegedly failing to perform a sterilization procedure she paid for and then failing to tell her that the procedure was not performed. She claimed the doctor’s actions caused an unplanned pregnancy and the birth of her healthy fourth child, a d[...]

Georgia Appellate Court Rules Surgeons Not Liable For Medical Student’s Negligence

July 16, 2024

After Jacqueline Statham was injured following a routine gynecological surgery, she filed a Georgia medical malpractice lawsuit against her surgeons, David S. Quang and Tan-Loc Nguyen, and their employer, Women’s Healthcare, Inc. of Middle Georgia, P.C., alleging medical negligence due to their fa[...]

Indiana Supreme Court Holds Courts Cannot Order Claimants To Redact Their Medical Review Panel Submissions

July 15, 2024

The Indiana Medical Malpractice Act, which was enacted in 1975, grants authority over medical malpractice actions first to a medical review panel, which must render an opinion on a proposed complaint before a claimant can sue a healthcare provider in court. During this review-panel process, trial co[...]

Florida Supreme Court Rules Marriage After Injury Does Not Preclude Surviving Spouse From Wrongful Death Claim

July 14, 2024

Before his death, Richard Counter filed a personal injury complaint against multiple defendants. Counter alleged common law negligence and strict liability actions and claimed that Defendants exposed him to asbestos from the 1950s through the 1990s. On May 22, 2015, Counter was diagnosed with mesoth[...]

New York Appellate Court Finds Trial Judge Erred In Setting Aside $10M Medical Malpractice Suicide Verdict On Issue Of Proximate Cause

July 9, 2024

A New York medical malpractice plaintiff filed an action against the defendant physician, Theodore Strange, to recover damages for medical malpractice and wrongful death related to the death of Richard Shouldis by suicide. Strange treated the decedent in the days and weeks before the decedent’s de[...]

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Category: Medical Malpractice Laws