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… Read More
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Ohio Appellate Court Rules Negligent Credentialing Claims Filed Too Late
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”)… Read More
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New Mexico Supreme Court Holds $600K Cap On Noneconomic Damages In Medical Malpractice Cases Is Constitutional
In its opinion filed on March 15, 2021, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) stated: “This case requires us to consider whether the cap on all damages other than medical care and punitive… Read More
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Michigan Appellate Court Affirms Medical Malpractice Plaintiff Cannot Recover For Surgical Towel Left In Him 17 Years Prior
The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated February 18, 2021, “there is no proof that defendants were aware that a towel was retained in plaintiff’s body following his February 2000 surgery…. Read More
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New York Appellate Court Rules 2 ER Visits 2.5 Years Apart Not Subject To Continuous Treatment Doctrine
In its Decision and Order dated January 28, 2021, the Supreme Court of the State of New York Appellate Division, First Judicial Department (“New York Appellate Court”) held: “Supreme Court properly dismissed plaintiff’s action against Montefiore [Montefiore Medical Center] on… Read More
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Brian Tally VA Employment Transparency Act
The Brian Tally VA Employment Transparency Act (“Act”) was signed into law on January 5, 2021. The Act provides that any veteran or family member who has filed a claim against the United States Department of Veteran Affairs (“VA”) for… Read More
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North Carolina Appellate Court Overturns Dismissal Of Medical Malpractice Case Based On Statute Of Limitations
The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its opinion filed on December 15, 2020 in a medical malpractice case alleging that the defendants failed to provide appropriate follow-up care or refer the plaintiff to… Read More
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Ohio Supreme Court Holds Statute Of Repose Cannot Save Medical Malpractice Case That Was Filed Too Late
In its decision dated December 23, 2020, the Ohio Supreme Court held: “This appeal asks whether a plaintiff may take advantage of Ohio’s saving statute to refile a medical claim after the applicable one-year statute of limitations has expired if… Read More
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Ohio Supreme Court Affirms Medical Malpractice Case Filed Too Late
The Supreme Court of Ohio (“Ohio Supreme Court”) affirmed in its opinion filed on August 20, 2020 that an Ohio medical malpractice case was filed too late and that the defendants were properly granted summary judgment by the lower court,… Read More
