Medical Malpractice Laws Archives - Page 63 of 143

Georgia Appellate Court Finds One Of Three Of Plaintiff’s Medical Malpractice Experts Was Qualified And Raised An Issue Of Material Fact

July 27, 2021

The Court of Appeals of Georgia held in its opinion dated July 1, 2021: “given Dr. Peng’s willingness to prescribe anticoagulant therapies, his appreciation of the decedent’s pre-existing risk factors for DVT, and his understanding of the “significant” DVT risk associated with immobili[...]

New York Appellate Court Reinstates Medical Malpractice Lawsuit Against Ophthalmologists

July 26, 2021

The New York Supreme Court Appellate Division, Third Department (“New York Appellate Court”) held in its decision dated July 1, 2021: “Viewing the evidence in a light most favorable to plaintiff, a triable factual question exists regarding whether the notation in Twin Tiers’ [...]

Missouri Supreme Court Upholds Cap On Noneconomic Damages In Medical Malpractice Cases

July 25, 2021

The Supreme Court of Missouri, in its opinion issued on July 22, 2021, upheld Missouri’s cap on nonecnomic damages in Missouri medical malpractice cases, stating, “Because a medical negligence action is a statutorily created cause of action, the General Assembly had the legislative autho[...]

Georgia Appellate Court Reverses Directed Verdict For Emergency Room Doctor

July 24, 2021

In its decision dated July 2, 2021, the Court of Appeals of Georgia (“Georgia Appellate Court”) reversed the directed verdict entered in favor of the defendant emergency room doctor and his employer in a Georgia medical malpractice case where the plaintiff had to have her leg amputated a[...]

Federal Appellate Court Affirms No Violation Of EMTALA

July 22, 2021

The United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) affirmed in its decision dated June 28, 2021: “Beginning with the EMTALA [Emergency Medical Treatment and Active Labor Act] claims, we agree that the operative complaint alleges no facts that wou[...]

Georgia Appellate Court Reverses Summary Judgment For Hospital And Nurse In Heart Attack Medical Malpractice Case

July 20, 2021

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its Opinion filed on June 16, 2021: “there is evidence suggesting that the patient warranted care his treating physician did not provide to him. Experts testified that Moss should have been placed on the Level II t[...]

$36.7M Connecticut Medical Malpractice Verdict For CMV In Donor Sperm Infecting Twins In Utero

July 19, 2021

In a 107-page Memorandum Of Decision dated June 28, 2021, a Connecticut Superior Court Judge awarded a husband and wife over $37.6 million in their Connecticut medical malpractice case filed against the State of Connecticut for medical negligence and lack of informed consent involving CMV-infected d[...]

Indiana Supreme Court Extends Medical Malpractice Act Requirements To Third-Party Plaintiffs

July 18, 2021

The Indiana Supreme Court, in its opinion filed on June 30, 2021, held: “the [Indiana Medical Malpractice] Act applies where a plaintiff alleges that a qualified health-care provider’s negligent treatment of someone else caused the plaintiff to suffer an injury.” Background Facts In 20[...]

New Jersey Appellate Court Affirms Lack Of Expert Opinion Doomed Rehab Malpractice Claim

July 17, 2021

The Superior Court of New Jersey Appellate Divison (“New Jersey Appellate Court”) held in its decison dated June 28, 2021: “we are satisfied that a determination to the appropriate standard of care, and any deviation, related to Knight’s transfer of plaintiff, involved an [...]

New York Appellate Court Affirms Summary Judgment Inappropriate In tPA Medical Malpractice Case

July 6, 2021

In April 2017, New York medical malpractice plaintiff E. Ann Holland was delivered by ambulance to defendant Cayuga Medical Center symptomatic of a stroke. After a CT scan revealed that she was indeed suffering a stroke in the left cerebral artery and that it was ischemic in nature, the physician on[...]

Maryland Appellate Court Discusses Recoverable Damages In Delayed Diagnosis Of Terminal Cancer Case

July 3, 2021

The Court of Special Appeals of Maryland, which is Maryland’s intermediate appellate court, summarized the facts of a Maryland medical malpractice wrongful death case that it decided in a published opinion dated July 1, 2021, as follows: A patient sees an oncologist in April 2013 at a point wh[...]

Rhode Island Supreme Court Reinstates Medical Malpractice Defense Verdict

July 1, 2021

In its Opinion dated June 9, 2021, the Rhode Island Supreme Court stated in a medical malpractice case that had resulted in a defense verdict after which the trial judge granted the plaintiff a new trial, “Viewing the entirety of the evidence, therefore, in the light most favorable to Dr. Cass[...]

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Category: Medical Malpractice Laws