Medical Malpractice Laws Archives - Page 54 of 143

Pennsylvania Appellate Court Applies No Felony Conviction Recovery Rule To Affirm Dismissal Of Medical Malpractice Case

May 7, 2022

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its opinion dated January 26, 2022: “the Medical Defendants contend that the trial court erred in overruling their preliminary objection seeking dismissal of all claims for compensatory damages. The Medic[...]

Texas Supreme Court Rules Nursing Home’s Policies And Procedures Not Discoverable Before Plaintiff’s Expert Report Is Due

May 6, 2022

The Supreme Court of Texas (“Texas Supreme Court”) stated in its opinion filed on February 25, 2022: “we examine the scope of discovery that the Texas Medical Liability Act permits before the plaintiff serves the expert report that the Act requires. The trial court declined to comp[...]

Florida Appellate Court Rules Claim For Injuries From Fall From Surgical Table In Medical Facility Was For Ordinary Negligence

May 5, 2022

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion dated January 26, 2022: “The complaint asserted that Bloomer sustained injuries when a surgical table collapsed underneath him while he was undergoing sedation in preparation for e[...]

Rhode Island Supreme Court Orders New Trial Where Medical Malpractice Defense Attorney Made Improper Closing Argument

May 2, 2022

The Rhode Island Supreme Court held in its February 22, 2022 opinion in a Rhode Island medical malpractice case in which a premature baby received total parenteral nutrition (TPN) through a peripheral intravenous line (IV) in her left foot that escaped the IV line and was instead going into the surr[...]

Agreement Reached To Increase California’s Cap On Noneconomic Damages In Medical Malpractice Cases

April 29, 2022

Facing a ballot initiative this November that if approved by the voters would increase California’s noneconomic damages cap in medical malpractice cases in the current amount of $250,000 that has remained at that level for almost fifty years, it was announced earlier this week that a new conse[...]

Florida Supreme Court Rules Mailing–Not Receipt–Of Presuit Notice Tolls Medical Malpractice Statute Of Limitations

April 23, 2022

The Supreme Court of Florida stated in its April 21, 2022 Opinion: “In this case we consider the statutory presuit notice requirement that section 766.106, Florida Statutes (2018), imposes on a claimant who seeks to file a medical negligence suit. Here the claimant mailed the presuit notice be[...]

Texas Appellate Court Rules Medical Malpractice Expert Was Qualified To Render Opinions

April 19, 2022

The plaintiff in a Texas medical malpractice case filed against a hospital alleged that had Methodist Hospitals of Dallas d/b/a Methodist Mansfield Medical Center (MMMC) had proper policies, procedures, and training in place, those policies would have dictated proper diagnostic testing that would ha[...]

New Jersey Appellate Court Remands Dental Malpractice Lawsuit For Jurisdictional Discovery

April 17, 2022

In its per curium opinion filed on January 24, 2022, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) stated in a dental malpractice case where the trial court had dismissed the complaint on jurisdictional grounds, “the relevant time period to dete[...]

Arizona Appellate Court Affirms Dismissal Of Dental Malpractice Case Because Plaintiff’s Expert Not Board-Certified In Same Specialty As Defendant

April 16, 2022

In Arizona medical malpractice cases, A.R.S. § 12-2604(A)(1) requires: “In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional in this state or another state and[...]

Florida Appellate Court Vacates Directed Verdict For Hospital In Contaminated Heparin Medical Malpractice Case

April 13, 2022

The District Court of Appeal of the State of Florida (“Florida Appellate Court”) held in its opinion dated January 21, 2022 “we reverse the trial court’s grant of a directed verdict in favor of Holmes Regional and remand for a new trial” in a Florida medical malpractice cas[...]

Ohio Appellate Court Affirms Peer Review Privilege Did Not Preclude Discovery Of Resident’s File In Medical Malpractice Case

April 12, 2022

The Ohio Court of Appeals Ninth Judicial Circuit (“Ohio Appellate Court”) held in its decision dated February 16, 2022 in a medical malpractice case where the plaintiff sought the residency file of the doctor who allegedly failed to provide proper medical care to him in the hospital foll[...]

Indiana Appellate Court Discusses Medical Privacy Issues

April 9, 2022

The Court of Appeals of Indiana (“Indiana Appellate Court”) discussed medical privacy issues and possible causes of action for violating a patient’s medical privacy in its opinion dated February 15, 2022 in a case where plaintiff Amanda Henry (“Henry”) filed claims agai[...]

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Category: Medical Malpractice Laws