Medical Malpractice Laws Archives - Page 36 of 143

Maryland Appellate Court Affirms Dismissal Of Pro Se Medical Malpractice Plaintiff’s Lawsuit As Untimely

December 1, 2023

On October 22, 2021, Mr. Ritchie—representing himself—filed a claim with the Health Care Alternative Dispute Resolution Office (“HCADRO”) against Dr. Damiano and Union Hospital. He alleged that, on March 26, 2018 about 8:40a.m., his girlfriend called 9-1-1 seeking medical help on his behalf.[...]

$40 Million Colorado Medical Malpractice Judgment Affirmed

November 30, 2023

The Gressers, individually and on behalf of their minor daughter, C.G., asserted a medical negligence claim against Banner Health premised on the alleged failure of its nursing staff to timely recognize and report to C.G.’s treating physicians that C.G. was exhibiting signs of sepsis. The Colorado[...]

Illinois Supreme Court Allows Medical Malpractice Discovery Respondent To Be Converted To Defendant

November 27, 2023

Section 2-402 of the Code is a statutory procedure whereby a plaintiff in a civil action is permitted to name as respondents in discovery “those individuals or other entities, other than the named defendants, believed by the plaintiff to have information essential to the determination of who shoul[...]

Pennsylvania Appellate Court Affirms Hospital Must Disclose Root Cause Analysis Notes Regarding Patient’s Bad Surgical Outcome

November 26, 2023

Wanetta Ford-Bey underwent wrist surgery at the defendant hospital. Shortly after the surgery, she suffered cardiacand respiratory failures that required her transfer to another facility for further care. A nurse internally reported the incident pursuant to hospital’s “Sentinel Event Policy” ([...]

Federal Appellate Court Affirms EMTs Entitled To Qualified Immunity From Lawsuit Alleging Failure To Stabilize Patient’s Spine

November 18, 2023

Gary Schauer suffered a neck injury during an altercation outside a tavern in Ponca City, Oklahoma. When emergency medical technicians (“EMTs”) employed by Ponca City arrived on the scene, Schauer told them he could not move his left arm or his legs. The EMTs loaded Schauer into an ambulance wit[...]

New Jersey Appellate Court Affirms Dermatologist Not Qualified To Testify To Standard Of Care Of Internal Medicine Physician In Medical Malpractice Case

November 16, 2023

The New Jersey Medical Care Access and Responsibility and Patients First Act (PFA), N.J.S.A. 2A:53A-37 to -42, provides that for New Jersey medical malpractice cases involving a defendant doctor who practiced and rendered treatment within a recognized specialty: “If the party against whom or o[...]

Massachusetts Appellate Court Enforces Medical Malpractice Arbitration Agreement Despite Language Barrier

November 14, 2023

Carlos E. Lopez Rivera (“Lopez”) underwent eye surgery performed by the defendant eye surgeon, Steven W. Stetson (“Stetson”). Prior to surgery, Lopez signed a form agreeing to submit any disputes regarding the surgery to arbitration. Dissatisfied with the surgery, Lopez filed[...]

New Jersey Appellate Court Rules No Affidavit Of Merit Necessary For Failure To Report Suspected Child Abuse By Physician Claim

November 10, 2023

The issue decided by the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) in its August 31, 2023 Per Curium opinion was whether an affidavit of merit must be served on a defendant, who as a physician is a “licensed person” within the meaning of t[...]

Illinois Appellate Court Rules Expert Testimony May Not Be Required To Establish Pain And Suffering In Medical Malpractice Claims

November 9, 2023

Dr. LaSpisa, an oral surgeon, extracted several of Nicole Thompson’s teeth. She subsequently developed an infection that was not diagnosed or treated for two days. She developed painful cellulitis and was hospitalized for IV antibiotic treatment. She was discharged from the hospital after five[...]

New York Appellate Court Won’t Allow Hospital To Hide Email Relevant To Medical Malpractice Claim

November 4, 2023

In its Memorandum and Order entered on July 26, 2023, the Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held that an email from a doctor to the chief operating officer of a hospital and to six other recipients must be d[...]

Delaware Court Rules PREP Act Did Not Preclude COVID-19 Death Claim Against Nursing Home

November 2, 2023

Under the PREP Act: “[A] covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declarati[...]

Indiana Appellate Court Tosses Failure To Honor DNR Case

October 28, 2023

In its August 21, 2023 Memorandum Decision, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “Because Stephen—an adult child—had coequal decision-making authority and because Stephen consented to placement of a feeding tube, we conclude Provider could not be li[...]

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Category: Medical Malpractice Laws