Medical Malpractice Laws Archives - Page 80 of 143

Massachusetts Appellate Court Affirms Gross Negligence Finding In Medical Malpractice Case

March 25, 2020

The Massachusetts Appeals Court, in its opinion filed on February 26, 2020, stated in a hiatal hernia surgical repair medical malpractice wrongful death case: “In denying the defendants’ request for new trial or judgment notwithstanding the verdict, the judge found that the jury’s [...]

Coronavirus And Medical Malpractice Statutes Of Limitations

March 24, 2020

As the number of people infected with the coronavirus in the United States continues to rise, and our community leaders rise to the challenge of timely and appropriately responding to the ever-changing pandemic, we note that some states are beginning to close courts as they order their residents to [...]

Tennessee Supreme Court Holds Statute Requiring Courts To Order Ex Parte Interviews Of Medical Malpractice Plaintiffs’ Non-Party Treating Healthcare Providers Is Unconstitutional

March 23, 2020

In its opinion filed on February 28, 2020, the Supreme Court of Tennessee at Nashville (“Tennessee Supreme Court”) held: “By removing any and all discretion from the trial courts in the decision to grant protective orders, the legislature, in its enactment of Tennessee Code Annotat[...]

Coronavirus (COVID-19) And Medical Malpractice – Part One

March 17, 2020

During these concerning times, when there is so much information about the coronavirus (COVID-19) that is unknown and unknowable, it is important to not overreact, to stay calm, to stay informed from reliable sources, to minimize our exposure, and to support each other in ways that can help us get t[...]

Texas Supreme Court Reverses $2.7M Brachial Plexus Birth Injury Medical Malpractice Verdict

March 16, 2020

On February 21, 2020, the Supreme Court of Texas (“Texas Supreme Court”) reversed a Texas medical malpractice jury’s verdict in the total amount of $2.7 million in a brachial plexus birth injury case, holding that Texas Civil Practice and Remedies Code section 74.153’s standard o[...]

Texas Supreme Court Holds Bridal Shop’s Ebola-Related Claim Against Hospital Was A Medical Negligence Claim

March 15, 2020

In September 2014, the defendant hospital cared for a patient who was infected with the Ebola virus. A nurse who attended the patient at the hospital later visited a bridal shop in Ohio. Upon returning to Dallas, the nurse became ill and was diagnosed as having contracted the virus and recovered aft[...]

Ohio Appellate Court Discusses Statute Of Limitations In Foreign Object Medical Malpractice Cases

March 14, 2020

In its Decision filed on February 5, 2020, the Ohio Court of Appeals Ninth Judicial District (“Ohio Appellate Court”) stated, “in a foreign object medical malpractice case the injury is the presence of the foreign object in the patient’s body … Thus, the patient discovers a[...]

Indiana Appellate Court Refuses To Allow Medical Malpractice Plaintiff To Add Federal EMTALA Claim

March 13, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on February 18, 2020 that the trial court properly denied the Indiana medical malpractice plaintiff’s request to amend his medical malpractice complaint to add an additional count alleging a feder[...]

Pennsylvania’s “A Study of the Impact of Venue for Medical Professional Liability Actions”

March 12, 2020

Senate Resolution 2019-20 (SR 20) directed Pennsylvania’s Legislative Budget and Finance Committee (“LBFC”) to conduct a study of the impact of venue for medical professional liability actions on access to medical care and maintenance of health care systems in Pennsylvania. The stu[...]

North Carolina Appellate Court Discusses Intervening Cause In Upholding Medical Malpractice Defense Verdict

March 11, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court””) held in its opinion dated January 21, 2020: “even if a third-party is not a party at trial, an instruction on intervening negligence may be given if the evidence at trial shows that the third-party’s[...]

Georgia Appellate Court Affirms Directed Verdict For Oral Surgeon In Dental Malpractice Case

March 8, 2020

The Court of Appeals of Georgia (“Georgia Appellate Court”), in its opinion dated February 14, 2020, affirmed a directed verdict in favor of the defendant oral surgeon at the conclusion of the plaintiff’s case in a Georgia dental malpractice case, stating, “In the absence of [...]

Virginia Supreme Court Determines Trial Court Erred By Granting Judgment To Defendants Mid-Trial In Medical Malpractice Case

March 5, 2020

The Virginia Supreme Court held in its opinion filed on February 13, 2020 in a Virginia medical malpractice wrongful death case, “On a motion to strike at the conclusion of Shareef’s case-in-chief, the circuit court was required to view all of his evidence in the light most favorable to him,[...]

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Category: Medical Malpractice Laws