Medical Malpractice Laws Archives - Page 62 of 143

Federal Appellate Court Rules There Is A Private Right Of Action Under FNHRA

August 24, 2021

The United States Court of Appeals for the Seventh Circuit (“Federal Appeals Courts”) held in its opinion dated July 27, 2021 that the Federal Nursing Home Reform Act (FNHRA), 42 U.S.C. § 1396r et seq., provides a private right of action that may be redressed under 42 U.S.C. § 1983. Fe[...]

Minnesota Appellate Court Affirms Summary Judgment Against Premature Birth Medical Malpractice Plaintiff

August 22, 2021

The State of Minnesota Court of Appeals (“Minnesota Appellate Court”) stated in its nonprecedential opinion filed on August 2, 2021 in a Minnesota medical malpractice case in which the plaintiff alleged that the defendants’ delay in providing appropriate medical care and treatment [...]

North Carolina Appellate Court Reinstates Mental Health Malpractice Lawsuit

August 21, 2021

In January 2017, Oliver Funez was involuntarily committed to a public hospital in Chapel Hill, North Carolina for six weeks where he was treated by Defendant Brian Robbins and other medical staff. Prior to his admission to the hospital, Oliver had displayed violent and aggressive behavior, manifeste[...]

Newly Discovered Evidence Does Not Save Massachusetts Medical Malpractice Case

August 19, 2021

The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) stated in its unpublished opinion dated July 26, 2021 in a medical malpractice case: “The judge lacked the statutory authority to grant the relief requested in the plaintiff’s motion to vacate. [...]

Maryland Appellate Court Affirms Medical Malpractice Plaintiff Failed To Establish Apparent Authority To Hold Defendant Hospital Liable

August 15, 2021

The Court of Special Appeals of Maryland (“Maryland Appellate Court”) held in its unpublished opinion dated July 20, 2021 that “there was insufficient evidence from which a reasonable jury could make the requisite finding that Mr. Williams subjectively believed that Dr. Blundon or,[...]

Indiana Appellate Court Rules No Subject Matter Jurisdiction Where Medical Negligence Theory Not Presented To Medical Review Panel

August 9, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its July 8, 2021 opinion, “we are asked to determine whether a medical malpractice plaintiff’s proposed complaint encompassed a particular theory of negligence, such that the plaintiff can be said to have prese[...]

Washington Appellate Court Reverses Summary Judgment In Informed Consent Medical Malpractice Case

August 7, 2021

The Court of Appeals of the State of Washington (“Washington Appellate Court”) held in its published opinion filed on July 12, 2021: “Viewed in the light most favorable to Davies, as we must, her experts agree that had she undergone a CTA, she would have been diagnosed with a verte[...]

Utah Supreme Court Says Climbing Injury During Wilderness Hike Was Medical Malpractice Claim

August 5, 2021

The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion dated July 9, 2021, “We conclude that an injury sustained while climbing a rock formation during a “wilderness therapy” excursion can, depending on the circumstances, “relat[e] to or aris[e] out[...]

Medical Malpractice Or Ordinary Negligence? Michigan Appellate Court Reverses Summary Judgment For Nursing Home In Choking Death Case

August 3, 2021

The State of Michigan Court of Appeals (“Michigan Appellate Court”) stated in its unpublished opinion dated June 17, 2021: “Turning to plaintiff’s remaining claims, these essentially entail an allegation of negligence premised on the theory that despite defendants’ awareness th[...]

Maryland Appellate Court Addresses Forum Non Conveniens In Medical Malpractice Case

August 2, 2021

In its unreported opinion dated July 7, 2021, the Court of Special Appeals of Maryland (Maryland’s intermediate appellate court) held in a Maryland medical malpractice case where the trial court granted the defendants’ motion to transfer the case from the Circuit Court for Baltimore City[...]

Arizona Supreme Court Holds Jury Cannot Infer Causation In Medical Malpractice Case

August 1, 2021

The Supreme Court of the State of Arizona (“Arizona Supreme Court”) held in its opinion dated July 30, 2021: “a jury in a medical malpractice case may not be left to “infer” causation without the guidance of expert testimony where the cause of death is disputed and not obvious [...]

Federal Appellate Court Affirms Dismissal Of Birth Injury Medical Malpractice Lawsuit Because FTCA Applied

July 29, 2021

The United States Court of Appeals for the Sixth Circuit (“Federal Appellate Court”) stated in its opinion filed on July 2, 2021: “In August 2017, Antoinette Lundy filed a lawsuit on behalf of her infant child, D.B., asserting medical tort claims against several defendants. Unfortu[...]

« 1 … 57 58 59 60 61 62 63 64 65 66 67 … 143 »

Category: Medical Malpractice Laws