Medical Malpractice Laws Archives - Page 44 of 143

Indiana Appellate Court Rules Expert’s Deficient Affidavit Doomed Medical Malpractice Case

January 21, 2023

Expert’s Deficient Affidavit Doomed Malpractice Case: On August 3, 2017, Penny Korakis was in an automobile accident and was taken to the Hospital for emergency care. Among other things, Korakis reported pain extending from her left hand to her left shoulder. She received medical careand treat[...]

Nevada Supreme Court Remands Nursing Home Claim To Determine If It Was For Medical Negligence

January 18, 2023

Nursing Home Claim: Was It Medical Negligence? – In its opinion dated October 27, 2022, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated: “In this opinion we both clarify the relationship between Nevada’s professional negligence statutes, NRS Cha[...]

Kentucky Appellate Court Revives Medical Malpractice Lawsuit After Kentucky Supreme Court Held Medical Review Panel Act Unconstitutional

January 10, 2023

Medical Review Panel Act in Kentucky ruled Unconstitutional: On July 28, 2017, Kendrick Bell, Jr. was admitted to Sts. Mary & Elizabeth Hospital Emergency Room (ER) for a drug overdose. The Hospital discharged Bell following treatment. However, Bell was returned to the ER later that day. After s[...]

Tennessee Appellate Court Affirms Hospital Not Liable For Negligent Acts Of Nonemployee Physicians

January 9, 2023

Hospital Not Liable For Negligent Acts Of Nonemployee Physicians: The Tennessee Governmental Tort Liability Act (GTLA) removes immunity from liability when an injury is caused by the negligent actions of governmental employees acting within the scope of their employment. Tenn. Code Ann. § 29-20-205[...]

Pennsylvania Appellate Court Rules Nursing Home Arbitration Agreement Unconscionable

January 5, 2023

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held in its July 5, 2022 opinion that the defendant nursing home’s arbitration agreement signed by a new resident was unconscionable after a nursing home wrongful death lawsuit was filed by the resident’s dau[...]

Florida Appellate Court Reinstates Medical Malpractice Case Involving Dispute Over Expert Qualifications

January 3, 2023

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) stated in its September 23, 2022 opinion: “Because Ms. Martinez’s expert affidavit satisfies the “same specialty” requirement and because she provided the expert affidavit prior to[...]

California Appellate Court Reinstates Stillborn Medical Malpractice Case

January 1, 2023

Court Reinstates Stillborn Malpractice Case: On November 4, 2016, Plaintiff Charlotte Kernan was 39 weeks pregnant when she went to the hospital for an External Cephalic Version (ECV), a procedure to rotate her healthy fetus from a breech position to a head-first position. Doctors recorded the ECV a[...]

Maryland Appellate Court Reinstates Dismissed Medical Malpractice Case Based On Sufficient Certificate Of Qualified Expert

December 31, 2022

Court Reinstates Dismissed Medical Malpractice Case: In its published opinion dated December 29, 2022, the Appellate Court of Maryland (“Maryland Appellate Court,” which was known as the Court of Special Appeals of Maryland until its name was officially changed on December 14, 2022) held[...]

Can You Record An Independent Medical Examination In A Medical Malpractice Case?

December 30, 2022

Can You Record An Independent Medical Examination In A Medical Malpractice Case? Often times in medical malpractice and other personal injury cases that are in litigation, the defense requests that the plaintiff submit to an “independent” medical examination (“IME”) by a heal[...]

New York Appellate Court Reverses Summary Judgment In Favor Of Nursing Home

December 27, 2022

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held in its Memorandum and Order entered on January 28, 2022: “Here, defendant’s experts proffered opinions about decedent’s care at the nursing home facility [...]

Maryland Appellate Court Holds Claim For Fraud Involving IVF Was Claim For Medical Malpractice

December 24, 2022

Claim For Fraud Involving IVF Was Claim For Medical Malpractice: In its unreported opinion filed on December 7, 2022, the Court of Special Appeals of Maryland ((“Maryland Appellate Court”) stated: “We start with the fact that the medical community now recognizes infertility as a di[...]

Michigan Appellate Court Holds Cancer Death Case Was Medical Malpractice Claim, Not Lost Opportunity Case

December 22, 2022

Cancer Death Case Was Medical Malpractice: The Court of Appeals of the State of Michigan (“Michigan Appellate Court”) stated in its September 8, 2022 opinion: “The dispositive question in this medical malpractice case is whether plaintiff’s claim is a traditional medical malpract[...]

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Category: Medical Malpractice Laws