Medical Malpractice Laws Archives - Page 46 of 143

Washington State Supreme Court Holds No Advertising Exception To Learned Intermediary Doctrine

November 23, 2022

Court Holds No Advertising Exception To Learned Intermediary Doctrine: The Supreme Court of the State of Washington (“Washington Supreme Court”) held in its opinion filed on June 2, 2022, “a drug manufacturer is protected under the learned intermediary doctrine even when they adver[...]

Washington Supreme Court Addresses Recoverable Damages In Negligent Reproductive Health Care Cases

November 20, 2022

Recoverable Damages In Negligent Reproductive Health Care Cases: The Supreme Court of the State of Washington (“Washington Supreme Court”) stated in its en banc opinion filed on August 18, 2022: “This case asks whether a patient who received negligent reproductive health care may r[...]

Texas Appellate Court Holds Expert’s Report Sufficient In Claim Against Ophthalmologist

November 19, 2022

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion filed on February 15, 2022 in a Texas medical malpractice lawsuit filed a claim against an ophthalmologist for alleged medical negligence in diagnosing a seven-year-old’s occipital tumor,[...]

Maryland Appellate Court Affirms Summary Judgment For Medical Malpractice Defendants For Delayed Cancer Treatment While Incarcerated

November 18, 2022

Judgment Based On Delayed Cancer Treatment While Incarcerated: Kahil Johnson (“K. Johnson”) filed a Maryland medical malpractice lawsuit involving the cancer care provided to Thomas Johnson (“T. Johnson”) while he was incarcerated in Maryland, arguing that the three-month del[...]

Texas Appellate Court Holds Medical Residents Immune From Medical Malpractice Claims

November 14, 2022

Medical Residents Immune From Malpractice Claims: The Court of Appeals for the First District of Texas (“Texas Appellate Court”) held in its opinion issued on August 18, 2022: “we conclude that the doctors conclusively established that Texas Civil Practice and Remedies Code section[...]

Iowa Appellate Court Affirms Expert Report Required In Nursing Home Resident’s Hip Fracture Wrongful Death Case

November 13, 2022

Expert Report Required In Hip Fracture Wrongful Death Case: The Court of Appeals of Iowa (“Iowa Appellate Court”) held in its opinion dated August 17, 2022 in a case involving a nursing home resident who suffered a hip fracture while being transferred into her wheelchair, “We do no[...]

Statute Of Limitations For Medicare Part C Claim For Reimbursement In Medical Malpractice And Other Personal Injury Cases

November 5, 2022

Medicare Reimbursement In Malpractice And Personal Injury Cases: Congress created Medicare to provide insurance to those over the age of 65. Oftentimes, though, it turns out that more than one insurer may be liable for a Medicare beneficiary’s medical expenses. For example, a car-accident victim m[...]

Florida Appellate Court Holds Hospital May Be Held Liable For Alleged Negligence Of Independent Emergency Room Physicians

November 3, 2022

Hospital Liable For Negligence Of Independent Physicians: After Latisha Gradia went into cardiac arrest at her home in 2021, she was transported by ambulance and arrived comatose to Santa Rosa Medical Center (SRMC). After several hours in the emergency department at SRMC, Gradia’s treating physici[...]

Tennessee Appellate Court Holds Medical Malpractice Plaintiff Should Have Been Allowed To Substitute New Expert After Named Expert Refused To Testify

November 1, 2022

Plaintiff Allowed To Substitute Expert After Named Expert Refused To Testify: The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) stated in its opinion filed on August 10, 2022, “the trial court abused its discretion in refusing to allow the plaintiff to se[...]

Texas Appellate Court Holds Claim By Doctor Shocked By Medical Device Was Medical Negligence Claim

October 25, 2022

Doctor Shocked By Medical Device Was Medical Negligence Claim: The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its Memorandum Opinion dated August 4, 2022 that a doctor’s claim that he was shocked and seriously inj[...]

Texas Appellate Court Rules Medical Malpractice Expert’s Report Was Timely Under Emergency Order

October 24, 2022

Expert’s Report Was Timely Under Emergency Order: A claimant asserting a health care liability claim against a physician ordinarily must serve on the physician an expert report not later than the 120th day after the physician files an original answer. TEX. CIV. PRAC. & REM. CODE § 74.351([...]

Pennsylvania Appellate Court Rules Defense Lawyer Cannot Represent Nonparty Treating Doctor During Deposition

October 23, 2022

Defense Cannot Represent Nonparty Treating Doctor During Deposition: On August 17, 2014, Bobbi Ann Mertis (Mertis) underwent knee surgery at Wilkes-Barre General Hospital performed by orthopedic surgeon Dr. Eugene Kim (Dr. Kim). At the beginning of the procedure, Dr. Oh administered a femoral nerve [...]

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Category: Medical Malpractice Laws