Medical Malpractice Laws Archives - Page 40 of 143

Illinois Appellate Court Denies Hospital Vicarious Liability For Medical Malpractice Claim

July 30, 2023

Court Denies Hospital Vicarious Liability Claim: On November 5, 2013, Josef Stelzer saw his regular physician, Dr. Carl Lang, for his annual exam. Dr. Lang practiced through NCH Medical Group, an entity that is separate from but related to NCH. When Stelzer’s electrocardiogram results came back ab[...]

Federal Appellate Court Holds Baby, Mother Entitled To Separate Noneconomic Damages Cap In California Birth Injury Case

July 27, 2023

Court Holds Baby, Mother Entitled To Separate Noneconomic Damages Cap In California Birth Injury Case: At the time a federal medical malpractice birth injury case arose, section 3333.2(a) of the California Civil Code provided that “[i]n any action for injury against a health care provider based on[...]

Missouri Appellate Court Holds Biomechanical Engineer’s Opinion As To Specific Causation In Shoulder Dystocia Birth Injury Medical Malpractice Case Was Inadmissable

July 25, 2023

Shoulder Dystocia Birth Injury Malpractice Case: In a Missouri birth injury medical malpractice case in which the plaintiff alleged that her baby suffered a permanent brachial plexus injury during delivery after the baby experienced shoulder dystocia during delivery and the delivering OB used excess[...]

$8.5M Georgia Medical Malpractice Verdict Affirmed On Appeal

July 23, 2023

$8.5M Malpractice Verdict Affirmed On Appeal: In its decision dated May 31, 2023, the Court of Appeals of Georgia affirmed a Georgia medical malpractice wrongful death jury verdict in the amount of $8,520,182.60 for the death of a woman who had an abdominal mass that she was not advised about that l[...]

Maryland Appellate Court Applies Virginia Law In Affirming Liposuction Maryland Malpractice Verdict

July 16, 2023

Background Facts Maryland Appellate Court Applies Virginia Law: The plaintiff underwent a six-and-a-half hour liposuction procedure in Virginia by a cosmetic surgeon who resided in Maryland. The plaintiff suffered a severe infection that she contended through her experts was introduced into her abdo[...]

Illinois Hospital Not Liable For Father’s Intentional Infliction Of Emotional Distress Claim

July 14, 2023

Hospital Not Liable For Father’s Intentional Infliction Of Emotional Distress: Background Facts Clarisa Figueroa lured a young expectant mother to her home on the pretense of selling her baby clothes and, instead, murdered the mother, cut her unborn son from her womb, and claimed the baby as h[...]

Changes To Maine’s Wrongful Death Law

July 13, 2023

Changes To Maine’s Wrongful Death Law: Maine’s Governor Janet Mills allowed a new law to take effect on July 6, 2023 without her signature that changes Maine’s Wrongful Death Statute by increasing the cap on damages in accordance with the annual inflation rate and expanding the sta[...]

Arizona Appellate Court Rules No Expert Needed In Cipro Failure To Warn Medical Malpractice Case

July 11, 2023

Court Rules No Expert Needed In Cipro Failure: David Francisco and his wife, Kimberley Francisco, appealed the superior court’s dismissal with prejudice of their medical negligence claim against Kevin Art, M.D. (“Dr. Art”) and Affiliated Urologists, Ltd. (collectively, “the Practice”) base[...]

Illinois Appellate Court Affirms Jury’s Award For Loss Of Material Services Beyond The Date Of Remarriage In Medical Malpractice Wrongful Death Case

July 3, 2023

Jury’s Award Affirmed In Remarriage Malpractice Wrongful Death Case: The issue decided by the Appellate Court of Illinois Third District (“Illinois Appellate Court”) in it opinion dated May 10, 2023 was whether it was proper for a medical malpractice jury to consider damages for th[...]

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Defective Affidavit Of Merit

July 1, 2023

Case Dismissed Due To Defective Affidavit Of Merit: Alexandrianna Lowe (Lowe) was admitted to Hackensack Meridian Jersey Shore University Medical Center (JSUMC) from July 20, 2018 through July 22, 2018 through the Emergency Department. Defendant Michael P. Carson, M.D. was the admitting physician. L[...]

Georgia Appellate Court Rules Nurse And Nurse Practitioner Are Members Of The Same Profession

June 30, 2023

Nurse And Nurse Practitioner Are Members Of The Same Profession: Christopher Bryant filed a Georgia medical malpractice lawsuit in which he alleged that on February 26, 2019, he went to the emergency department at Wellstar Spalding Regional Hospital for pain he was experiencing after being involved [...]

Nebraska Supreme Court Says Plaintiffs’ Experts In Birth Injury Medical Malpractice Case Not Qualified To Offer Opinions

June 28, 2023

Experts In Birth Injury Case Not Qualified To Offer Opinions: The Nebraska Supreme Court stated in its opinion filed on May 5, 2023 in a birth injury medical malpractice case, “the burden is on the proponent of standard-of-care testimony to demonstrate that the expert is familiar with the cust[...]

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Category: Medical Malpractice Laws