Medical Malpractice Laws Archives - Page 39 of 143

New Mexico Supreme Court Discusses Application Of Collateral Source Rule

August 27, 2023

Court Discusses Application Of Collateral Source Rule: New Mexico does not allow duplication of damages or double recovery for injuries received. The rule prohibiting double recovery is founded on the principle that a claimant is only entitled to one payment of its loss and that an injured party sho[...]

$9 Million Maryland Nursing Home Bedsore Verdict

August 26, 2023

$9 Million Bedsore Verdict: A Baltimore County Maryland nursing home negligence jury returned its verdict in favor of a nursing home resident who developed bedsores at a local nursing home where he had been a resident for about six months after he suffered a stroke. The six-person jury awarded $8 mi[...]

Georgia Appellate Court Holds Physician Not Qualified To Testify As To Nursing Standard Of Care

August 23, 2023

Underlying Facts Court Holds Physician Not Qualified To Testify As To Nursing Standard Of Care: In October 2013, Marie Smaha had surgery at The Medical Center of Central Georgia to remove her left kidney. Several days later, while recovering in the hospital, Smaha suffered from internal bleeding and[...]

Illinois Appellate Court Rules Mental Health Records Not Discoverable In Lung Cancer Malpractice Case

August 17, 2023

Court Rules Mental Health Records Not Discoverable: The Appellate Court of Illinois First District Third Division (“Illinois Appellate Court”) stated in its May 10, 2023 opinion: “Dr. Rao practices at a clinic that specialized in lung issues. Plaintiff was there presumably seeking [...]

New Jersey Supreme Court Addresses Who May Attend Defense Medical Examination (DME)

August 13, 2023

Court Addresses Who May Attend Defense Medical Examination: In its June 15, 2023 Opinion, the New Jersey Supreme Court stated: “We are asked here to clarify procedures regarding who may attend a defense medical examination — as well as whether and how such examinations may be recorded &#[...]

Connecticut Supreme Court Denies COVID-19 Immunity To Nursing Home Defendants

August 10, 2023

Court Denies COVID-19 Immunity To Nursing Home Defendants: On March 10, 2020, Connecticut Governor Ned Lamont issued a declaration of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the state of Connecticut as a result of COVID-19. Then, on April 5, 2020[...]

West Virginia Supreme Court Holds Mishandling Fetal Remains Claim Is Medical Malpractice Claim

August 9, 2023

Underlying Facts Mishandling Fetal Remains Is Medical Malpractice: On May 17, 2018, Angela and Denny Seth Lester (“the Lesters”) presented to Charleston Area Medical Center, Inc. d/b/a Women and Children’s Hospital (“CAMC”) where Ms. Lester suffered a stillbirth, after the fetus she was ca[...]

Missouri Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Unsigned Affidavit

August 8, 2023

Missouri Medical Malpractice Law Court Affirms Dismissal Of Case Due To Unsigned Affidavit: Section 538.225, which governs the requirements for filing medical malpractice claims, states: “In any action against a health care provider for damages for personal injury or death on account of the re[...]

Tennessee Supreme Court Rules Medical Malpractice Claim Filed Too Late

August 7, 2023

Medical Malpractice Claim Filed Too Late: The Tennessee Supreme Court ruled in its unanimous opinion filed on May 9, 2023 that a Tennessee medical malpractice claim brought by a Williamson County couple against a county hospital must be dismissed because it was filed too late. Walton and Phyllis Cun[...]

New York Appellate Court Revives Foreign Object Medical Malpractice Case

August 6, 2023

Court Revives Foreign Object Malpractice Case: The Supreme Court of the State of New York Appellate Division Fourth Judicial Department (“New York Appellate Court”) stated in its June 9, 2023 Memorandum and Order: “We agree with plaintiff that the court erred in granting the motion[...]

Georgia Appellate Court Finds Estate Failed To Show EMS Violated Standard Of Care

August 5, 2023

Estate Failed To Show EMS Violated Standard Of Care: The Court of Appeals of Georgia (“Georgia Appellate Court”) stated in its June 7, 2023 Opinion: “the crucial question here is, whether under any duty, National EMS violated the standard of care in not searching for a patient afte[...]

Federal Appellate Court Reinstates Deliberate Indifference Medical Malpractice Claim

August 1, 2023

Court Reinstates Deliberate Indifference Claim: Shelly Kaye Stevens (“Appellant”), as personal representative of the estate of James Allen Leslie Stevens (“Decedent”), filed a second amended complaint alleging Decedent suffered deliberate indifference to his serious medical needs while in cu[...]

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Category: Medical Malpractice Laws