Medical Malpractice Laws Archives - Page 61 of 143

Texas Appellate Court Rules Medical Malpractice Plaintiff Failed To Toll Statute Of Limitations

September 21, 2021

In Texas, health care liability claims must be brought “within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed.” TEX. CIV. PRAC. & REM. C[...]

Michigan Appellate Court Affirms Claims Against Dentist Were For Dental Malpractice

September 15, 2021

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated August 18, 2021: “Plaintiff’s liability theories regarding Passera’s decision to extract the tooth on August 8, 1992, the decision to perform the extraction himself rather [...]

Arizona Appellate Court Holds Medical Malpractice Apology Law Is Constitutional

September 14, 2021

Arizona Apology Law A.R.S. § 12-2605, which was adopted in 2005, states as follows: “Any statement, affirmation, gesture or conduct expressing apology, responsibility, liability, sympathy, commiseration, condolence, compassion or a general sense of benevolence that was made by a health care p[...]

Pennsylvania Supreme Court Restricts Discovery For Medical Malpractice Plaintiffs

September 12, 2021

The case decided by the Pennsylvania Supeme Court on August 17, 2021 concerned discovery in a Pennsylvania medical negligence lawsuit in which the patient suffered complications following surgery at a hospital. The issue was whether certain portions of the hospital’s credentialing file for the doc[...]

California Appellate Court Decides Juror Misconduct Requires New Trial For Medical Malpractice Plaintiff

September 9, 2021

The Court of Appeal of the State of California First Appellate District Division Three (“California Appellate Court”) stated in its unpublished opinion filed on August 12, 2021, “In evaluating whether the nurse juror’s statement constituted misconduct, the trial court appropriate[...]

Illinois Appellate Court Says No Apparent Agency To Hold Hospital Responsible For Surgeon’s Alleged Negligence

September 8, 2021

In its opinion dated August 10, 2021, the Appellate Court of Illinois First District Second Division (“Illinois Appellate Court”) held: “To defeat a claim of vicarious liability, all that was required of Silver Cross [Hospital and Medical Center] was evidence that Tracy [Delegatto][...]

Utah Supreme Court Says IME Doctor Owed No Duty To Injured Worker

September 7, 2021

The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion filed on August 5, 2021: “The aftermath of a vehicle accident that left appellant, Jeremy Kirk, with numerous injuries leads us to contemplate whether a physician performing an independent medical exa[...]

Doctor At Nevada Medical Spa Has License Suspended For Alleged Propofol Misuse

September 4, 2021

The Investigative Committee (IC) of the Nevada State Board of Medical Examiners (Board) has summarily suspended the licenses to practice medicine of Maryanne DeForest Phillips, M.D., and Tammy Lynn Hankins, PA-C, related to numerous alleged violations of Nevada’s Medical Practice Act that have tak[...]

North Carolina Appellate Court Rules Laser Hair Removal Claim Was Medical Malpractice Claim

September 3, 2021

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) ruled in its July 20, 2021 opinion that the plaintiff’s claim regarding negligent laser hair removal was a North Carolina medical malpractice claim and not a claim of ordinary negligence: “We hold that [...]

Federal Appellate Court Rules Veteran’s Medical Malpractice Claims Not Subject To VJRA

September 1, 2021

In 2018, Mr. Smith, a veteran, initiated a lawsuit in federal district court against the United States, proceeding under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. Section 1346(b). Mr. Smith claimed, in part, that various medical professionals working for the Department of Veterans Affairs [...]

Federal Appellate Court Rules Prisoner’s Federal Medical Malpractice Lawsuit Not Subject To State Certification Requirement

August 28, 2021

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”), in its opinion dated July 24, 2021, stated: “The district court dismissed the FTCA claim because Pledger did not secure a certification from a medical expert before filing suit, as required by We[...]

New York Appellate Court Reduces $3,825,085.38 Medical Malpractice Wrongful Death Failure To Diagnose Cancer Verdict By $650,000

August 27, 2021

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”), in its Decision & Order dated July 28, 2021, reduced the jury’s verdict in the amount of $3,825,085.38 by $650,000, stating: “Damages in a wrongful deat[...]

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Category: Medical Malpractice Laws