Medical Malpractice Laws Archives - Page 92 of 143

Feres Doctrine Will Likely Bar Medical Malpractice Claim For Soldier’s Delayed Diagnosis Of Stomach Cancer

March 7, 2019

On October 31, 2018, an Army Sergeant died following a prolonged battle with stage 4 stomach cancer. His widow claims that military care providers committed medical malpractice when they failed to diagnose his stomach cancer during multiple visits to Army base doctors over a four-year period. The Ar[...]

New Jersey Appellate Court Affirms Defense Win In Medical Malpractice Informed Consent Case

March 6, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Apellate Court”) held in its unpublished opinion dated February 14, 2019 in a New Jersey medical malpractice case in which the plaintiff alleged that he had not given his consent for the surgery that the defendant surgeon p[...]

Maryland Medical Malpractice Senate Bill Would Provide Maryland Health Care Providers Sued For Malpractice With An Unfair Advantage

February 17, 2019

Maryland Senate Bill 323, introduced on January 30, 2019, if enacted into law, would provide Maryland medical providers who are sued for medical negligence with an advantage over their injured victims. Senate Bill 323, with changes to existing law in capital letters, states: Article – Courts and J[...]

Texas Supreme Court Affirms Plaintiff’s Medical Malpractice Verdict, Finds Expert’s Opinion Not Conclusory

February 10, 2019

The Supreme Court of Texas (“Texas Supreme Court”) held in its opinion filed on January 25, 2019 that the plaintiff’s medical expert’s opinion offered during a Texas medical malpractice jury trial was not “conclusory” and therefore upheld the jury’s verdict [...]

Maryland’s Highest Appellate Court Finds No Error In Instructing Medical Malpractice Jury As To General Negligence

February 9, 2019

The Court of Appeals of Maryland (“Maryland Appellate Court”), Maryland’s highest appellate court, held in its opinion filed on January 25, 2019 that the trial court did not abuse its discretion when it gave standard general instructions on negligence and foreseeability in addition[...]

Mississippi Supreme Court Affirms Loss Of Chance Doctrine In Mississippi Medical Malpractice Case

February 6, 2019

The Supreme Court of Mississippi (“Mississippi Supreme Court”) in its opinion handed down on January 24, 2019 reaffirmed Mississippi’s loss of chance doctrine in Mississippi medical malpractice cases, which requires a plaintiff to show that proper treatment would have provided the [...]

Maryland Appellate Court Affirms Dismissal Of Medical Malpractice Claims Against Unnamed Agents Not Specifically Identified In CQE

January 29, 2019

In its unpublished opinion filed on January 15, 2019, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held: “To the extent that Ms. Toussaint’s CQE [Certificate of Qualified Expert] failed to specifically identify DCH’s unnamed agents who allegedly breache[...]

Texas Supreme Court Applies Willful And Wanton Negligence Standard In Birth Injury Case

January 25, 2019

In its opinion filed on December 21, 2018, the Supreme Court of Texas held that the Texas Medical Liability Act’s emergency-medical-care provision, which requires claimants asserting certain Texas medical malpractice claims to prove “wilful and wanton negligence,” applies to claims arising fro[...]

New Jersey Appellate Court Holds Discovery Rule Could Not Save Medical Malpractice Case Filed After Statute Of Limitations Expired

January 23, 2019

In its unpublished opinion filed on January 2, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held that the discovery rule did not apply in a New Jersey medical malpractice case so that the complaint was timely filed after the statute of limitati[...]

Missouri Supreme Court Affirms Nearly $29M Medical Malpractice Verdict

January 21, 2019

In its opinion issued on January 15, 2019, the Supreme Court of Missouri (“Missouri Supreme Court”) affirmed the $28,911,000 jury verdict in favor of the Missouri medical malpractice plaintiff but reversed the trial court’s determination of the interest rate to be applied to the po[...]

Maryland Federal Court Allows Guatemalan Nationals Lawsuit Involving Medical Experiments To Proceed Under Alien Tort Statute

January 17, 2019

Plaintiffs Estate of Arturo Giron Alvarez and 773 other Guatemalan nationals filed a civil action against the Johns Hopkins University and four affiliated entities, the Rockefeller Foundation, and Bristol-Myers Squibb Company. The plaintiffs alleged that the defendants subjected them or their family[...]

$14M Iowa Wrongful Birth Medical Malpractice Verdict

January 16, 2019

On January 8, 2019, an Iowa medical malpractice jury returned its verdict in favor of the wrongful birth plaintiffs in the amount of $14,504,790, which included $285,000 for the mother’s emotional distress from the date of the injury to the present and $1,346,938 for her future emotional distr[...]

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Category: Medical Malpractice Laws