Medical Malpractice Laws Archives - Page 37 of 143

DoD’s Proposed Changes To Service Member Medical Malpractice Claims Regulations

October 27, 2023

On October 20, 2023, the U.S. Department of Defense published in the Federal Register proposed updates to its regulations on how Service members can file claims for medical malpractice that may have occurred in military medical treatment facilities. Effective immediately, the Department increased th[...]

Connecticut Supreme Court Discusses State Immunity From Medical Malpractice Claims

October 25, 2023

The Alleged Facts Connecticut operates the University of Connecticut Health Center/John Dempsey Hospital in Farmington, which provides prenatal care and labor and delivery services through the UConn Health Women’s Center (UConn). BetweenSeptember 1, 2019, and March 25, 2020, UConn undertook the ca[...]

Florida Appellate Court Holds Patient’s Complaint For Injuries From Slip And Fall On Wet Floor In Hospital Was Not Medical Malpractice Claim

October 23, 2023

In a case on appeal decided by the District Court of Appeal of the State of Florida Fifth District (“Appellate Court”) on August 11, 2023, the Appellant, who was a patient in the Appellee hospital, alleged that while she was walking towards the restroom she slipped and fell. The only cau[...]

Alabama Supreme Court Affirms $10M Punitive Damages In Medical Malpractice Wrongful Death Case

October 19, 2023

The Supreme Court of Alabama, in its opinion released on August 4, 2023 in a medical malpractice wrongful death case in which the jury awarded punitive damages in the amount of $35 million that was subsequently reduced by the trial court to $10 million, stated: “In sum, given the degree of rep[...]

Federal Appellate Court Affirms Expert Failed To Exclude Other Causes Of Harm Suffered By Medical Malpractice Plaintiff

October 16, 2023

Gloria Smith brought a lawsuit against the United States under the Federal Tort Claims Act, alleging that Dr. Kennedy Okere, a doctor at the Curtis V. Cooper Primary Health Center (“CVC”), a federally-supported health center, committed medical malpractice. According to Smith, Okere prescribed a [...]

Michigan Appellate Court Affirms Hospital Not Entitled To Summary Judgment For Surgeon’s Negligence

October 11, 2023

On March 16, 2018, plaintiff, Barbara Stempniak, presented to the emergency department of Garden City Hospital with complaints of severe abdominal pain. The emergency department staff diagnosed Stempniak with cholecystitis (inflammation of the gallbladder) and admitted her to the hospital. The next [...]

Kansas Appellate Court Reinstates Medical Malpractice Case Against Surgeon Who Removed Wrong Organ

October 10, 2023

Jeannine Williams-Davidson underwent surgery to remove her left adrenal gland at Stormont-Vail Hospital. The surgeon who performed the operation misidentified her pancreas as her adrenal gland and removed a portion of the pancreas instead. Jeannine required further surgery and ongoing medical treatm[...]

Federal Appellate Court Affirms Qualified Immunity For First Responders Who Pronounced Patient Dead Who Was Still Alive

October 7, 2023

Emergency medical personnel in Southfield, Michigan, pronounced Timesha Beauchamp dead when she was still alive. Beauchamp was placed in a body bag and transported to a funeral home, where an embalmer discovered that she was not dead. Beauchamp was hospitalized and died about six weeks later. Howard[...]

Federal Appellate Court Holds Wyoming Medical Malpractice Case Fails Due To Failure To Provide Proper Notice Of Claim

October 6, 2023

Pursuant to Wyoming Governmental Claims Act’s (“WGCA”) notice-of-claim requirement, a claimant must provide a written notice of claim to the subject governmental entity within a two-year limitations period, as set forth in Wyoming Statute § 1-39-113(a). The notice-of-claim requirement spe[...]

Ohio Appellate Court Rules Defendant Surgeon’s License Revocation And Suspension Of Hospital Privileges Should Not Have Been Admitted During Medical Malpractice Trial

September 30, 2023

An Ohio medical malpractice lawsuit alleged medical negligence relating to four separate back surgeries performed by Defendant Dr. Abubakar Durrani on Plaintiff Patrick Stephenson. The Ohio medical malpractice jury found that Dr. Durrani, who had fled to Pakistan in 2013, was negligent in his care a[...]

Federal Appellate Court Affirms Utah Medical Malpractice Plaintiffs Failed To File Within Statute Of Limitations

September 26, 2023

In its Order and Decision filed on July 19, 2023, the United States Court of Appeals for the Tenth Circuit (Federal Appellate Court”) affirmed summary judgment entered in favor of the Utah medical malpractice defendants because the plaintiffs failed to file within the two-year medical malpract[...]

Ohio Appellate Court Affirms Hospital Not Entitled To Protective Order For Its Policies And Procedures In Birth Injury Medical Malpractice Case

September 24, 2023

In an Ohio birth injury medical malpractice case where the parents sued the hospital where their child suffered serious brain damage allegedly as a result of negligent care and treatment during the mother’s labor and delivery, the plaintiffs sought to obtain in discovery the defendant hospital[...]

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Category: Medical Malpractice Laws