Medical Malpractice Laws Archives - Page 29 of 143

Minnesota Appellate Court Affirms Interventional Radiologist Not Qualified To Testify To Standard Of Care Applicable To Vascular Surgeon

July 6, 2024

The Minnesota Court of Appeals ruled in its nonprecedential decision filed on April 29, 2024 involving a Minnesota medical malpractice case alleging that a vascular surgeon committed medical malpractice in his surgical treatment of the plaintiff’s popliteal artery entrapment syndrome (PAES), i[...]

Virginia Appellate Court Reverses Remittitur Order In Medical Malpractice Case

July 4, 2024

In 2019, Anthonette Jasco (“Jasco”) filed a Virginia medical malpractice lawsuit alleging that Lawrence Shall, M.D. and his employer, Vann-Virginia Center for Orthopaedics, P.C., were negligent in failing to properly diagnose and treat her knee injury, which resulted in complex surgery, [...]

$6.5M Ohio Medical Malpractice Verdict Vacated: Ohio Appellate Court Rules Medical Malpractice Expert Witness’ Past Medical License Issues Should Have Been Admitted During Trial

July 3, 2024

Carole Horseman was treated in the emergency department of Mercy Regional Medical Center four times in September 2018: once on September 7th, once on September 9th, and twice on September 11th. On September 7th and 9th, Ms. Horseman presented with complaints of neck pain. On September 11th, Ms. Hors[...]

Colorado Supreme Court Applies Collateral Source Statute’s Contract Exception In Medical Malpractice Case

July 2, 2024

In August 2015, Daniel B. Scholle underwent elective back surgery at HCA-HealthONE, LLC, d/b/a Sky Ridge Medical Center (“the Hospital”). Drs. Ehrichs and Rauzzino performed Scholle’s surgery. During surgery, Scholle’s iliac vein was severed, resulting in extensive bleeding, and causing Scho[...]

New Mexico Appellate Court Upholds Cap On Damages In Medical Malpractice Case

July 1, 2024

Background Facts Philip Eslin underwent what he thought was going to be a biopsy performed by Defendant Paul Levy, M.D., a cardiothoracic surgeon employed by Defendant New Mexico Heart Institute. Despite receiving negative pathology results from the biopsy, Defendant Levy performed an extensive surg[...]

New York Appellate Court Holds Claim That IVF Storage Tanks Were Not Properly Maintained Is Ordinary Negligence Claim

June 30, 2024

In a case of first impression, the New York Supreme Court, Appellate Division, First Judicial Department (“New York appellate court”) stated in its reported opinion entered on April 18, 2024: “The underlying parts of the IVF process implicate both medical malpractice and ordinary n[...]

North Carolina Appellate Court Holds COVID-19 Immunity Statute Did Not Preclude Medical Malpractice Claim

June 28, 2024

Background Doris Griffin Land was diagnosed with a high-grade squamous intraepithelial lesion in early 2020, which was at high risk of turning into cervical cancer. Mrs. Land’s health care providers ultimately determined that a total vaginal hysterectomy (“TVH”) was necessary. On June 29, 2020[...]

Michigan Appellate Court Rules COVID-19 Tolling Orders Saved Otherwise Late Filed Medical Malpractice Complaint

June 25, 2024

According to the Michigan medical malpractice wrongful death complaint, Linda Walsh began seeing Dr. John Shaird in 2008 for treatment of chronic pain. Dr. Shaird prescribed several different medications during their professionalrelationship which lasted nine years. Plaintiff alleged that Dr. Shaird[...]

Pennsylvania Appellate Court Revives Medical Malpractice Case Alleging PCP’s Negligence In Providing Surgical Clearance

June 22, 2024

Thomas Nigon was treated by his primary care physician, Dr. Thomas J. Malvar, for a blood clotting issue on September 13, 2017, at which time Dr. Malvar prescribed Eliquis, a blood thinner and anticoagulant. On January 25, 2018, Mr. Nigon underwent an ultrasound of his right leg which showed the pri[...]

Washington State Supreme Court Holds Hospitals Liable For Independent Contractor ER Doctors Negligence

June 21, 2024

The Supreme Court of the State of Washington stated in its Opinion filed on April 11, 2024: “A patient who goes to the emergency room, if conscious, is mostly concerned with getting care, not with untangling the contractual relationship between the hospital and the doctors who work there. And [...]

Wisconsin Appellate Court Discusses Informed Consent For Surgery

June 19, 2024

Hubbard filed a Wisconsin medical negligence action against Dr. Neuman, alleging that Dr. Neuman breached her duty of care by failing to inform Hubbard of her presurgery recommendation to Dr. McGauley that he remove Hubbard’s ovaries during the February 2018 surgery. The complaint alleges that Dr.[...]

Indiana Appellate Court Holds Trial Judge Did Not Have To Disclose His Son’s Employment By Defense Firm In Hospital Fall Case

June 18, 2024

Martha Espinoza tripped and fell on two overlapped floor mats while accompanying her grandson to his appointment at St. Mary Medical Center. Espinoza filed a negligence claim against the Medical Center, arguing that it was liable for her injuries. At trial, the Medical Center obtained judgment on th[...]

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Category: Medical Malpractice Laws