Medical Malpractice Laws Archives - Page 66 of 143

Delaware Court Discusses Information That May Not Be Subject To Peer Review Privilege In Negligent Credentialing Cases

April 17, 2021

In a Delaware medical malpractice case where the plaintiff suffered a stroke during neurosurgery on his brain, the plaintiff alleged that defendant Christiana Care Health Services, Inc. (“CCHS”) was aware of defendant Bikash Bose, M.D.’s (“Bose”) propensity to commit negligent surg[...]

Arizona Court Of Appeals Affirms Plaintiff Failed To Prove Causation In Post-Surgical Medical Malpractice Case

April 12, 2021

Arizona Medical Malpractice Laws To prove medical negligence, a plaintiff must provide evidence that the defendant failed to meet the applicable professional standard of care and defendant’s failure proximately caused plaintiff’s injuries. A.R.S. § 12-563. To establish proximate cause, the plai[...]

New York Appellate Court Revives Medical Malpractice Wrongful Birth Lawsuit

April 10, 2021

The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion issued on March 24, 2021, held in a New York wrongful birth medical malpractice action, “The record demonstrates a triable issue of fact as to whether the child’s medical condition[...]

Maryland Appellate Court Affirms Transfer Of Medical Malpractice Case Based On Forum Non Conveniens

April 8, 2021

In its unreported opinion dated March 18, 2021, Maryland’s intermediate appellate court, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), affirmed the transfer of a Maryland medical malpractice case originally filed in the Circuit Court for Baltimore City to t[...]

Idaho Supreme Court Reverses Medical Malpractice Defense Verdict Because Judge Impermissibly Questioned Defense Witness

April 7, 2021

The Supreme Court of the State of Idaho (“Idaho Supreme Court”) held in its opinion filed on March 22, 2021 in an Idaho medical malpractice case: “the district court’s questioning of Dr. Hancock was an abuse of discretion because it commented on the weight to be given to the Seco[...]

Pennsylvania Appellate Court Affirms Plaintiff’s Medical Malpractice Verdict, Remands For Consideration Of Life Care Planner’s Testimony

April 5, 2021

On October 26, 2018, a Pennsylvania medical malpractice jury returned a verdict against two of the defendants, finding that they were negligent and that their medical negligence was a factual cause of harm to the plaintiff. Three other defendants were found by the jury to have not been negligent. Th[...]

Texas Appellate Court Affirms Summary Judgment For ER Physician In 7-Year-Old’s Asthma Death

April 4, 2021

The Court of Appeals Second Appellate District of Texas at Fort Worth (“Texas Appellate Court”) affirmed in its January 14, 2021 opinion that the defendant emergency room physician was entitled to summary judgment in a Texas medical malpractice wrongful death case involving a 7-year-old [...]

Florida Governor Signs Into Law Sweeping COVID-19 Immunity Law

April 3, 2021

On March 29, 2021, Florida’s Governor Ron DeSantis signed into law Senate Bill 72, which provides, in part: (3) In a civil action based on a COVID-19-related claim: (a) The complaint must be pled with particularity. (b) At the same time the complaint is filed, the plaintiff must submit an affi[...]

Iowa Supreme Court Applies Two-Year Medical Malpractice Statute Of Limitations To Claim Against Medical Spa

April 2, 2021

In its opinion filed on March 12, 2021 in a case in which the plaintiff alleged that the two-year statute of limitations in Iowa for medical malpractice claims did not apply to her claims arising out of medical services provided to her at a local medical spa, the Supreme Court of Iowa held: “K[...]

Ohio Appellate Court Rules Negligent Credentialing Claims Filed Too Late

March 31, 2021

The Ohio First District Court of Appeals (“Ohio Appellate Court”) held in its opinion filed on March 12, 2021 that the five consolidated appeals in the several hundred cases involving alleged medical malpractice by defendant Abubakar Atiq Durrani, M.D. (“Durrani”) were barred[...]

Washington Appellate Court Affirms Defense Medical Malpractice Verdict, Finding “No Guarantee” Jury Instruction Was Appropriate

March 30, 2021

A Washington medical malpractice plaintiff who was diagnosed with an Achilles tendon tear months after undergoing total knee replacement surgery by the defendant surgeon appealed a jury verdict in favor of the defendant, arguing, in part, that the trial court erred in proving the jury with the so-ca[...]

Federal Appellate Court Rules Jail Doctor Is Entitled To Qualified Immunity But Jail Nurse Is Not

March 26, 2021

A 21-year-old jail inmate died while in the custody of a county jail. Her Estate brought a civil action for deprivation of civil rights under color of state law. 42 U.S.C. § 1983. The United States district court granted summary judgment in favor of the county and qualified immunity to jail supervi[...]

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Category: Medical Malpractice Laws