Medical Malpractice Laws Archives - Page 83 of 143

Florida Appellate Court Sides With Hospital In Medical Malpractice Discovery Dispute

December 26, 2019

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held, in its opinion filed on December 11, 2019, that it was “clear that the trial court departed from the essential requirements of law. Its order requiring Tarpon Springs to produce “each an[...]

Mississippi Supreme Court Affirms Directed Verdict For Neurosurgeon In Medical Malpractice Case

December 24, 2019

In its opinion filed on December 5, 2019, the Supreme Court of Mississippi (“Mississippi Supreme Court”) affirmed the directed verdict the trial court had entered in favor of the defendant neurosurgeon in a Mississippi medical malpractice case where the plaintiff alleged the defendant[...]

National Defense Authorization Act 2020 Allows Military Medical Malpractice Claims For First Time

December 23, 2019

National Defense Authorization Act 2020 (NDAA) signed into law by President Trump on December 20, 2019 does not change or repeal the Feres doctrine but it authorizes for the first time for the Secretary of Defense to allow, settle, and pay an administrative claim against the United States for person[...]

New York Appellate Court Discusses Continuous Treatment Doctrine In Medical Malpractice Suicide Case

December 20, 2019

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”), in its opinion dated December 4, 2019, discussed the application of the continuous treatment doctrine in a New York medical malpractice case and held in a split-decisio[...]

New Mexico Supreme Court Finds Statute Of Limitations Tolled As To Plaintiff’s Medical Malpractice Claim Against Hospital

December 19, 2019

In its opinion filed on December 5, 2019, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) held, “While the MRC [New Mexico Medical Review Commission] application does not describe specific acts of malpractice directly committed by Lovelace [Lovelace Health[...]

Michigan Appellate Court Affirms Medical Malpractice Defendants Not Entitled To Summary Disposition For Electrocautery Burn Claim

December 18, 2019

On August 1, 2014, the Michigan medical malpractice plaintiff underwent arthroscopic surgery on his right shoulder that was performed by the defendant surgeons. Electrocautery (the process of heating tissues with electricity to seal blood vessels and stop bleeding) was used during the surgery. Elect[...]

Illinois Appellate Court Rules Patient’s Mental Health Records Not Relevant In Brain Injury Medical Malpractice Case

December 16, 2019

In its opinion filed on October 28, 2019, the Appellate Court of Illinois First District (“Illinois Appellate Court”) ruled: “the trial court erred in granting defendants’ motion to compel because plaintiff did not place Kiersten’s mental condition at issue by claiming brain da[...]

Indiana Appellate Court Reverses Summary Judgment For Nurse Practitioner With Regard To Timeliness Of Medical Malpractice Claim

December 14, 2019

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its opinion dated November 21, 2019, reversed the trial court’s grant of summary judgment in favor of the defendant nurse practitioner (“NP”), finding that there was a genuine issue of material fact as to w[...]

New York Appellate Court Discusses Summary Judgment Burden-Shifting In Medical Malpractice Case

December 11, 2019

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) stated in its Memorandum And Order dated November 15, 2019 in a New York medical malpractice case: “we conclude that the burden that O’Shea places on a plaintiff[...]

Illinois Appellate Court Affirms Medical Malpractice Defense Verdict Where Defendant And His Attorney Assisted Ill Juror In Jury Room

December 10, 2019

The Appellate Court of Illinois First District Second Division (“Illinois Appellate Court”) held in its opinion filed on November 19, 2019 that the Illinois medical malpractice plaintiffs were not entitled to a mistrial after the defendant doctor and his defense counsel treated a juror w[...]

Why Can’t I Find A Medical Malpractice Lawyer To Help Me?

December 8, 2019

“Why can’t I find a medical malpractice lawyer to help me?” It is often difficult to find medical malpractice attorneys on your own to help you with your medical malpractice claim – not every instance of medical malpractice, no matter how obvious, will result in the victim be[...]

Maryland Appellate Court Affirms Dismissal Of Medical Malpractice Case Where Certificate Of Qualified Expert And Report Were Untimely Filed

December 5, 2019

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), in its unreported opinion dated November 27, 2019, affirmed the dismissal of the plaintiff’s Maryland medical malpractice lawsuit where the plaintiff failed to timely file the required Certificate of Qualified E[...]

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Category: Medical Malpractice Laws