Medical Malpractice Laws Archives - Page 38 of 143

Massachusetts Appellate Court Overturns Medical Malpractice Tribunal’s Decision, Allows Hospital Fall Claim

September 23, 2023

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) Memorandum And Order Pursuant To Rule 23 dated June 2, 2023 held: “The findings of the tribunal are to be replaced by the decision of this court that the offer of proof of the plaintiff, if properly s[...]

Ohio Appellate Court Vacates Defense Medical Malpractice Verdict Due To Erroneous Application Of Same Juror Rule

September 21, 2023

Same Juror Rule The “same juror” rule provides that a verdict is invalid unless the same jurors agree on all issues. The Supreme Court of Ohio adopted the “same juror” rule in the context of a comparative negligence case, and the major principle behind the rule is that deciding if a party is[...]

Michigan Supreme Court Rules Filing Affidavit Of Merit In Medical Malpractice Cases Not Required To Commence A Medical Malpractice Action Or To Toll Statute Of Limitations

September 20, 2023

Background Facts Candi Ottgen and her husband, Patrick Ottgen, brought a medical malpractice action against Abdalmaijid Katranji, M.D., and others, alleging that Katranji had negligently performed two thumb surgeries on Candi Ottgen on May 1, 2017, and July 23, 2017. Plaintiffs filed the action on A[...]

Michigan Appellate Court Holds No Evidence Doctors Who Treated Patient In Hospital Were Ostensible Agents Of The Hospital

September 18, 2023

To establish a claim of ostensible agency, a plaintiff must show that the plaintiff reasonably believed in the putative agent’s authority generated by some act or omission of the putative principal, and that the plaintiff’s own negligence did not contribute to any misapprehension. In the case th[...]

Federal Appellate Court Remands Nursing Home Negligence Lawsuit To State Court

September 15, 2023

Court Remands Nursing Home Negligence Lawsuit: The United States Court of Appeals for the Second Circuit (“Federal Appellate Court”) held in its Summary Order dated April 13, 2023 that the Public Readiness and Emergency Preparedness (PREP) Act did not completely preempt the plaintiffR[...]

Indiana Appellate Court Finds Claim For Alleged Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice Claim

September 11, 2023

Inappropriate Sexual Contact During Medical Examination Is Not Medical Malpractice: The Indiana Medical Malpractice Act defines “malpractice” as “a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care p[...]

Michigan Supreme Court Holds No New Notice Required For New Medical Malpractice Theory In Existing Case

September 7, 2023

No New Notice Required For New Theory In Existing Case: The Michigan Supreme Court stated in its syllabus to its opinion dated July 6, 2023: “The NOI [notice of intent] requirement of MCL 600.2912b—that written notice be given to a health professional or health facility before a complaint is[...]

Florida Supreme Court Changes Rule Regarding Interlocutory Appeals In Medical Malpractice Cases

September 6, 2023

Court Changes Rule Regarding Interlocutory Appeals: In its unusual opinion dated July 6, 2023, the Supreme Court of Florida stated: “We agree with the First District that, while Florida courts “have recognized exceptions” to the general rule that “certiorari review is an inappropriate me[...]

Federal District Court Finds United States Entitled To Charitable Immunity Cap In Massachusetts Medical Malpractice Case

September 5, 2023

Underlying Facts United States Entitled To Charitable Immunity Cap In Massachusetts Malpractice Case: Since at least 2012, Paula Meador was a patient at Greater Gardner Community Health Center (“GGCHC”), which is located in Worcester County, Massachusetts. GGCHC is a location of Community Health[...]

New York Appellate Court Holds Informed Consent Claim Not Proper In Child Birth Malpractice Case

September 4, 2023

Underlying Facts Informed Consent Claim Not Proper In Child Birth Malpractice Case: Plaintiffs are the parents of an infant who died shortly after birth, and they commenced their New York medical malpractice action seeking to recover damages for emotional injuries that they allegedly sustained as a [...]

Arizona Appellate Court Affirms Summary Judgment For Defendants In LASIK Surgery Malpractice Case

August 30, 2023

The Underlying Facts Appellate Court Affirms Summary Judgment For Defendants In LASIK Surgery Case: In September 2017, Jay L. Schwartz, D.O. (“Schwartz”) performed bilateral LASIK surgery on Melanie Phillips (“Phillips”) and implanted in her right eye a device known as a Rain[...]

Michigan Appellate Court Remands Medical Malpractice Case For Jury To Determine Agency Issue

August 28, 2023

Appellate Court Remands Malpractice Case For Jury To Determine Agency Issue: The 56-year-old plaintiff underwent surgical removal of her parathyroid glands by Dr. Abdelkader Hawasli. According to Dr. Hawasli, he told plaintiff there was a possibility that he might also have to remove her thyroid gla[...]

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Category: Medical Malpractice Laws