On December 28, 2020, a federal judge ruled against the U.S. and in favor of a 76-year-old former Marine who had served in Vietnam in his medical malpractice lawsuit that alleged that a CT scan of his neck performed at… Read More
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Georgia Trial Court Orders New Trial In Medical Malpractice Case For Inconsistent Verdict
In a Georgia medical malpractice case that was remanded to the trial court because the jury awarded the plaintiff damages for her medical expenses but failed to award any amount for her pain and suffering, the trial court ordered a… Read More
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Illinois Appellate Court Overturns Medical Malpractice Defense Verdict Due To Improper Closing Argument
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… Read More
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$2.6M Mississippi Fetal Medical Malpractice Verdict Against OBGYN
On November 20, 2020, after a one-week trial, a Mississippi medical malpractice jury returned its verdict in favor of a woman who gave birth by emergency Cesarean section delivery at 32 weeks gestation on January 30, 2012 to a baby… Read More
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Mississippi Supreme Court Overturns Medical Malpractice Verdict For Failure To Provide Intervening/Superseding Cause Instruction
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… Read More
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$5M Legal Malpractice Verdict Reduced To $250K Against Florida Medical Malpractice Law Firm
In its November 6, 2020 opinion, the District Court of Appeal of Florida Second District (“Florida Appellate Court”) held: “Because the Pollocks introduced evidence that only established that a judgment of $250,000 was collectable, we reverse and remand for a… Read More
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New York Appellate Court Affirms $46M Birth Injury Medical Malpractice Verdict
The New York Appellate Division, Second Department (“New York Appellate Court”), in its opinion dated November 4, 2020, affirmed a New York birth injury medical malpractice verdict in the amount of $46 million, finding that the jury’s verdict was supported… Read More
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Medical Malpractice Claims Involving Intraoperative Neuromonitoring For Spinal Surgery
A research article entitled “Damned if you monitor, damned if you don’t: medical malpractice and intraoperative neuromonitoring for spinal surgery” published online in the Journal of Neurosurgery in November 2020 concluded: “The use and interpretation of intraoperative neuromonitoring findings can… Read More
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Maryland Appellate Court Discusses Loss Of Chance Doctrine, Which Maryland Rejects, And Proximate Cause In Reinstating Medical Malpractice Verdict For Plaintiffs
The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, reinstated a Maryland medical malpractice jury’s verdict in favor of the plaintiffs in its published opinion filed on November 23, 2020. The Underlying Facts In November… Read More
