Medical Malpractice Laws Archives - Page 30 of 143

Virginia Appellate Court Reinstates Medical Malpractice Case Where Plaintiff Filed For Bankruptcy After Filing Lawsuit

June 16, 2024

The Court of Appeals of Virginia (“Virginia Appellate Court”) held in its published opinion filed on January 30, 2024: “Shaw-McDonald had standing when she sued defendants. Although her malpractice claim was temporarily transferred to the bankruptcy estate when she filed her Chapte[...]

Federal Appellate Court Affirms Dismissal Of Removed State Medical Malpractice Case For Failure To Comply With Federal Law

June 13, 2024

Dwan and Aaron Bray filed a medical malpractice lawsuit in state court individually and on behalf of their minor child, N.B., against Dr. Timothy J. Thress and various medical entities and actors. Plaintiffs sought damages stemming from defendants’ negligence as to Dwan Bray’s pre-natal care and[...]

Virginia Medical Malpractice Defense Verdict Survives Jury Instructions Challenge

June 7, 2024

Kimberly Burch, the administrator of the estate of Joan Ison, sued Dr. Jeff Sensenig and other medical professionals for failing to diagnose Ison with a symptomatic aortic aneurysm that ruptured and caused her death. The Virginia medical malpractice jury returned a defense verdict. On appeal, Burch [...]

Florida Appellate Court Discusses Res Ipsa Loquitur In Hospital Malpractice Claim

June 6, 2024

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) stated in its March 22, 2024 opinion: “This appeal involves the application of the doctrine of res ipsa loquitur to a medical negligence action wherein Barber sustained bilateral hip fractures while[...]

Illinois Appellate Court Rules Statute Of Repose Precludes Medical Malpractice Claim

June 5, 2024

Plaintiff Kirk Hild, as administrator of Dean Hild’s estate, appealed the dismissal of Dean Hild’s complaint against defendants Lakeshore Infectious Disease Associates, LTD. and James Sullivan, M.D. Plaintiff alleged that defendants were negligent in treating his Cushing syndrome. The issue on a[...]

Maryland Medical Malpractice Discovery Rule

June 4, 2024

Discovery Rule For a Maryland medical malpractice claim to accrue under the discovery rule, a prospective plaintiff must have notice of the nature and cause of his or her injury. An injury occurs when the negligent act is coupled with some harm to create a legally cognizable wrong. Thus, a prospecti[...]

Georgia Appellate Court Holds Mental Health Doctors Not Responsible For Patient’s Drowning Death

May 31, 2024

Following the death of Elzabad H. Ferguson III (“Chaz”), his parents, Elzabad H. Ferguson, Jr. and Wilhelmena Ferguson, filed an action against Blaire Bowers, D.O.; Steven Currier, M.D.; and Augusta Physicians Group, LLC, based on emergency mental health care they rendered to Chaz. Shortly after[...]

Kansas Supreme Court Tie Vote Benefits Medical Malpractice Plaintiffs

May 25, 2024

Jeannine Williams-Davidson went to Stormont-Vail Hospital in Topeka to have an adrenal gland removed, but Dr. Nason Lui removed part of her pancreas instead. Another procedure and an extended hospital stay were required. Thehospital allegedly charged Williams-Davidson for both surgeries, her extra h[...]

Federal Appellate Court Clarifies Jurisdictional Filing Requirements For Medical Malpractice Claims Under Federal Tort Claims Act

May 24, 2024

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) held in its March 12, 2024 published opinion: “Plaintiffs brought this action against the United States pursuant to the Federal Tor Claims Act (“FTCA”), asserting negligence, wrongful death, a[...]

Maryland Appellate Court Discusses Related Specialties, Informed Consent, Internal Rule As Standard Of Care In Maryland Medical Malpractice Cases

May 15, 2024

In a published opinion of the Appellate Court of Maryland filed on March 1, 2024, the appellant was seen in the emergency room with complaints of her right foot being cool and pale, with symptoms increasing when leg elevated. The emergency medicine doctor found pedal pulses but ankle brachial index [...]

DOD Increases Damages Available In Service Member Medical Malpractice Claims

May 14, 2024

The Department of Defense (DoD) published on May 10, 2024 a Final Rule in the Federal Register updating its regulation on the medical malpractice claims process for Active-Duty Service members. The updated rule eliminates the offset requirement for payments for non-economic damages. The updated regu[...]

Kentucky Supreme Court Holds Medical Malpractice Plaintiff’s Failure To File Certificate Of Merit Fatal To Claim

May 13, 2024

The Supreme Court of Kentucky, in its opinion filed on February 15, 2024, held: “we hereby affirm the Court of Appeals’ holding that all claimants, whether represented by counsel or not, are required to file a certificate of merit and that Sanchez failed to do so. Additionally, this Court mu[...]

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Category: Medical Malpractice Laws