Medical Malpractice Laws Archives - Page 55 of 143

Kentucky Appellate Court Holds Hospital May Be Held Liable For Wrong CT Scan Being Ordered

April 7, 2022

In its opinion dated February 11, 2022, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that the trial court was wrong in granting summary judgment to the defendant hospital in a Kentucky medical malpractice case where the dispute was whether the proper CT[...]

Federal Appellate Court Orders New Trial In Taxotere (Docetaxel) Products Liability Litigation Due To Improper Defense Expert Witness

April 6, 2022

In its opinion filed on February 10, 2022, the United States Court of Appeals for the Fifth Circuit (“Federal Appellate Court”) stated: “we are persuaded that the district court erred by admitting Dr. Kopreski’s testimony under Rule 701, and the error was not harmless because Ear[...]

Pennsylvania Medical Malpractice Lawyer’s Failure To Timely Cure Shortcomings In Certificate Of Merit Dooms Claim

April 2, 2022

The Superior Court of Pennsylvania held in its non-precedential Memorandum decision filed on February 10, 2022 in a Pennsylvania medical malpractice case where the plaintiff’s certificates of merit required by Pa.R.C.P. 1042.3 completely omitted the confirmatory language required by Rule 1042.[...]

Federal Appellate Court Holds VA’s Patient Referral To Outside Hospital Not Subject To Federal Torts Claims Act

April 1, 2022

The United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) stated in its opinion dated February 10, 2022: “there is no evidence that Dr. Mercier was acting on behalf of the VA in an official capacity. Instead, the record shows that Dr. Mercier operated i[...]

California Appellate Court Finds Father Sufficiently Pled Cause Of Action For Intentional Infliction Of Emotional Distress In Lawsuit For Harvesting Daughter’s Organs Without His Consent

March 16, 2022

The Court of Appeal of the State of California Fifth Appellate District (“California Appellate Court”) held in its unpublished opinion filed on January 31, 2022 that the trial court erred in dismissing a father’s lawsuit against a hospital and Donor Network West for intentional inf[...]

Medical Malpractice Insurers Are Top Donors Opposing California’s Fairness For Injured Patients Act

March 12, 2022

The California Changes to Medical Malpractice Lawsuits Cap Initiative has qualified for the ballot in California as an initiated state statute on November 8, 2022. The ballot initiative would require an annual adjustment of the cap based on inflation and would allow judges and juries to award damag[...]

New York Appellate Court Affirms Summary Judgment Inappropriate Against Woman Who Lost Her Foot Due To Medical Malpractice

March 10, 2022

In May 2012, the plaintiff, Maryann Vichlenski (“plaintiff”), presented to the emergency department of the defendant Good Samaritan Hospital Medical Center (“hospital”) complaining of pain and numbness in her left foot. The injured plaintiff was seen by the defendant Adam Sch[...]

Texas Appellate Court Upholds That Fraud Claim Against Hospital Was Health Care Liability Claim

March 8, 2022

The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its January 6, 2022 Memorandum Opinion in a Texas medical malpractice case: “Because Soliz’s negligent credentialing claims are HCLCs [health care liability claims][...]

New York Appellate Court Discusses Party-Statement Exception To Quality-Assurance Privilege In Medical Malpractice Cases

March 6, 2022

In its Opinion & Order dated December 22, 2021, the Supreme Court of the State of New York Appellate Division: Second Department (“New York Appellate Court”) held: “we conclude that the party asserting the quality-assurance privilege must demonstrate that any statements made at[...]

West Virginia Medical Malpractice Lawsuit Alleges Doctors’ Failure To Advise Patient She Had A Brain Tumor

February 28, 2022

A West Virginia medical malpractice lawsuit filed on January 21, 2022 in Winchester Circuit Court seeks $3.5 million in compensatory damages from four doctors in West Virginia who allegedly failed to advise her that her MRI brain scan at Winchester Medical Center (WMC) in 2013 showed a brain lesion.[...]

Utah Medical Candor Act

February 27, 2022

Proposed legislation in Utah would enact the Utah Medical Candor Act (“Act”). The Act creates a medical candor process where a health care provider may investigate an injury, or suspected injury, associated with a health care process and may communicate information about the investigatio[...]

Maryland Pharmacists Seek Golden Ticket

February 23, 2022

Proposed legislation in Maryland seeks to add “pharmacists” to the definition of “health care provider” so that their financial interests are protected at the expense of the most seriously harmed victims of their negligence, and so that they also enjoy the significant procedu[...]

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Category: Medical Malpractice Laws