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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Maryland Appellate Court Cites Subsequent Scientific And Medical Literature In Granting Relief To A Man Convicted In 1999 Of The Shaken Baby Syndrome Death Of His Infant Son
In its unpublished opinion dated December 1, 2020, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) acknowledged scientific and medical literature published since a man’s conviction in 1999 of the Shaken Baby Syndrome killing of his infant son… Read More
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Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding Of Insufficient Proof
The Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) held in its Memorandum and Opinion entered on November 3, 2020: “A medical malpractice tribunal concluded that the plaintiff’s offer of proof was insufficient to present a triable claim of malpractice… 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
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Louisiana Appellate Court Reverses Summary Judgment Granted To Pediatric Cardiologist
The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”), in its decision dated October 28, 2020, reversed summary judgment granted to the defendant pediatric cardiologist in a Louisiana medical malpractice case, finding that the plaintiff’s medical malpractice… Read More
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New York Appellate Court Discusses Continuous Treatment Doctrine In Medical Malpractice Case
In its October 14, 2020 decision, the New York Appellate Division, Second Department (“New York Appellate Court”) held that the trial court had improperly granted dismissal of the entire New York medical malpractice complaint, stating “we agree with the Supreme… Read More
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Texas Appellate Court Overturns New Trial Order After Medical Malpractice Defense Verdict
The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”), in its opinion dated September 17, 2020, held “the jury’s verdict was supported by factually sufficient evidence, and the trial court impermissibly substituted its judgment… Read More
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Study Highlights Need For “Investment In And Exploration Of New Approaches To Fetal Surveillance In Labor”
A study published on February 19, 2020 in JAMA Network was designed “To investigate whether experienced clinicians can detect and respond to abnormal readings from CTGs [cardiotocography] during the penultimate hour before birth in infants with moderate to severe NE… Read More
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Virginia Court Disallows Discovery Of Medical Malpractice Defendant’s Photographs Of Biopsy Slides
In a Virginia medical malpractice case in which the plaintiff alleged that the defendants misdiagnosed the plaintiff with a specific cervical cancer for which she subsequently received treatment, one of the defendants, a pathologist, testified during her deposition that after… Read More
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Iowa Supreme Court Applies Contradictory Affidavit Rule To Deny Medical Malpractice Claim
The Supreme Court of Iowa (“Iowa Supreme Court”), in its opinion filed on March 12, 2020, applied the contradictory affidavit rule in denying the medical malpractice claim of an Iowa woman who had to have an arm and eight toes… Read More
