Medical Malpractice Laws Archives - Page 64 of 143

Louisiana Appellate Court Finds Fall While Boarding Van Was Not Medical Malpractice

June 27, 2021

In its opinion dated June 9, 2021, the Fifth Circuit Court of Appeal State of Louisiana (“Louisiana Appellate Court”) stated: “In this personal injury case arising from Barbara Campbell’s purported fall and subsequent injuries while boarding a van to be transported from her home [...]

Federal Register Publishes Rule Regarding Medical Malpractice Claims By Members Of The Uniformed Services (Part II)

June 20, 2021

On June 17, 2021, the Federal Register published the Department of Defense’s interim final rule that is effective on July 19, 2021 implementing requirements of the National Defense Authorization Act (NDAA) for Fiscal Year 2020 permitting members of the uniformed services or their authorized re[...]

Federal Register Publishes Rule Regarding Medical Malpractice Claims By Members Of The Uniformed Services (Part I)

June 19, 2021

Indiana Appellate Court Affirms Medical Malpractice Act Applied To Denied Access To Electronic Medical Records Claim

June 18, 2021

The wife of a man who suffered a stroke after being treated on three different occasions at the defendant health care facility filed a proposed complaint for medical malpractice on March 17, 2015, and several amended proposed complaints thereafter, with the Indiana Department of Insurance (“DOI”[...]

Illinois Appellate Court Affirms $14M Medical Malpractice Verdict

June 16, 2021

The Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) upheld a $14 million medical malpractice jury verdict in its opinion filed on May 28, 2021. The Underlying Facts On September 21, 2012, plaintiff, Mark Allen, felt a “pop” in his neck and began to experience[...]

Massachusetts Appellate Court Approves Errors Of Judgment Instruction In Affirming Medical Malpractice Defense Verdict

June 10, 2021

The Massachusetts intermediate appellate court stated in its May 28, 2021 opinion: “The primary issue on appeal is whether the trial judge erred in giving an “errors of judgment” instruction that informs a jury in a medical malpractice case that an error of judgment by a doctor is [...]

Maryland Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants

June 9, 2021

In its unreported opinion filed on May 26, 2021, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, held: “Viewing the evidence in the light most favorable to appellants, we conclude that appellants adequately prese[...]

Federal Appellate Court Rejects Presumption That Medical Records Are Accurate And Complete As To All Patient’s Physical Conditions

June 6, 2021

In its opinion filed on May 20, 2021, the United States Court of Appeals for the Federal Circuit (“Federal Appellate Court”) stated: “We reject as incorrect the presumption that medical records are accurate and complete as to all the patient’s physical conditions. Although a pati[...]

Georgia Appellate Court Affirms Failed Medical Battery Claim

June 5, 2021

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion dated May 21, 2021 that the trial court was correct in entering summary judgment for the defendant in a case where the plaintiff alleged medical battery. The plaintiff had alleged that in March 2016, he under[...]

Wrong-Side Surgery Defendant Claims PREP Act Immunity

June 1, 2021

A Missouri spine surgeon who was sued for medical malpractice in January 2021 has responded that he is immune from the medical malpractice lawsuit pursuant to the Public Readiness and Emergency Preparedness Act (PREP Act) that was activated to respond to the COVID-19 pandemic. The defendant spine su[...]

Illinois Appellate Court Rules Order For Genetic Testing Of Parents Was Premature In Birth Injury Lawsuit

May 28, 2021

The Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) held in its opinion filed on May 4, 2021 “without any findings or analysis for this court to review concerning the parental testing, we find it would be premature to consider the correctness of the decisio[...]

Indiana Appellate Court Rules Indemnity Claim Is Subject To Medical Malpractice Act Requirements

May 27, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) stated in its opinion filed on May 4, 2021, “The primary issue in this case is whether an indemnity claim by a healthcare provider against another healthcare provider based on alleged medical negligence is subject to India[...]

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Category: Medical Malpractice Laws