Medical Malpractice Laws Archives - Page 70 of 143

Illinois Supreme Court Discusses Treating Expert Versus Consulting Expert In Medical Malpractice Case

January 1, 2021

The Supreme Court of the State of Illinois (“Illinois Supreme Court”) discussed the differences between a treating expert and a consulting expert with regard to discovery disclosures in Illinois medical malpractice cases in its opinion filed on November 19, 2020, stating, in part: “[...]

$15M Iowa Medical Malpractice Claim Alleges ENT Punctured Man’s Brain Stem During Unnecessary Surgery

December 31, 2020

A 43-year-old man and his wife have reportedly filed a $15 million Iowa medical malpractice claim with the Iowa State Appeal Board, alleging that his brain stem was punctured by an ENT performing unnecessary surgery, thereby requiring extensive rehabilitation and resulting in permanent cognitive cha[...]

Illinois Appellate Court Overturns Medical Malpractice Defense Verdict Due To Improper Closing Argument

December 29, 2020

The Appellate Court of Illinois Second District (“Illinois Appellate Court”) held in its opinion filed December 7, 2020 in an Illinois medical malpractice case: “the evidence in this case was closely balanced, making it highly probable that the repeated improper comments during clo[...]

Pennsylvania Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement Signed By Resident’s Spouse At Time Of Discharge

December 26, 2020

The Superior Court of Pennsylvania, in its non-precedential opinion filed on November 18, 2020, refused to enforce a nursing home arbitration agreement signed by the resident’s spouse at the time of her husband’s discharge from the nursing home, holding “we conclude that the trial [...]

New Jersey Appellate Court Rules Medical Malpractice Defendants Not Entitled To Offset For Settlement With Original Tortfeasor

December 25, 2020

In its opinion dated December 3, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in a case where the decedent had settled with the original tortfeasor for injuries she sustained as a result of a fall at a restaurant and later was injured (and[...]

Connecticut Appellate Court Affirms Dismissal Of Connecticut Medical Malpractice Lawsuit Due To Attorney’s Failures To Prosecute The Case

December 23, 2020

In its opinion released on December 8, 2020, the Connecticut Appellate Court affirmed the lower court’s dismissal of the plaintiffs’ Connecticut medical malpractice wrongful death lawsuit due to the repeated failures of their attorney to prosecute the case. The plaintiffs filed their Con[...]

North Carolina Supreme Court Declines To Adopt Loss Of Chance Doctrine In Medical Malpractice Cases

December 22, 2020

The Supreme Court of North Carolina (“North Carolina Supreme Court”) declined to adopt the loss of chance doctrine in medical malpractice cases in its opinion filed on December 18, 2020. The North Carolina Supreme Court stated, “we are asked to change our existing jurisprudence reg[...]

New York Appellate Court Finds No Private Cause Of Action Against Hospital For Violation Of Article 11 Of The Social Services Law

December 18, 2020

The New York Appellate Division, Second Department (“New York Appellate Court”) held in its decision dated November 25, 2020 in a case filed against a hospital for alleged physical abuse of a vulnerable 19-year-old special needs high school student during a multiple-day psychiatric stay [...]

Mississippi Supreme Court Overturns Medical Malpractice Verdict For Failure To Provide Intervening/Superseding Cause Instruction

December 12, 2020

The Supreme Court of Mississippi in its opinion dated November 19, 2020 held: “Both Dr. Ilercil and Williams presented evidence that Nurse Howard was negligent by failing to contact Dr. Ilercil after she observed Williams’s rapidly declining condition, the signs of which Dr. Ilercil had spec[...]

Maryland Hospital Association Supports Proposed “Maryland Health Care Heroes Protection Act” That Would Vastly Expand Health Care Immunity

December 10, 2020

A proposed change to Maryland medical malpractice law, which is supported by the Maryland Hospital Association, would have the effect of “altering the definition of “health care provider” for purposes of certain provisions of law governing catastrophic health emergencies to include an empl[...]

Dental Malpractice Claim Alleging Improper Use Of Nitrous Oxide Revived

December 7, 2020

On November 13, 2020, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) revived a New Jersey dental malpractice case alleging that an endodontist, Ira J. Zohn, DMD (“(Zohn”) and a dental office, Advanced Endodontic Associates (“AEA”[...]

New York Appellate Court Reverses Summary Judgment For LAP-Band Surgeon Based On Insufficient Habit Testimony

December 4, 2020

The New York Appellate Division, First Department held in its opinion dated November 10, 2020: “we find that even if an appropriate foundation was laid for the habit testimony that defendants’ expert relied on, the motion for summary judgment still should have been denied. Where habit ev[...]

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Category: Medical Malpractice Laws