Medical Misdiagnosis Archives - Page 5 of 23 - Medical Malpractice Lawyers

Brian Tally VA Employment Transparency Act

February 21, 2021

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 damage, injury, or death is entitled to r[...]

$1.95M Medical Malpractice Verdict Involving Buffalo VA Medical Center For Failure To Diagnosis Throat Cancer

January 23, 2021

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 the Buffalo VA Medical Center in September 2013 was misread as normal and the rad[...]

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

December 21, 2020

In its unpublished opinion dated December 1, 2020, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) acknowledged scientific and medical literature published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 to support granti[...]

Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding Of Insufficient Proof

November 27, 2020

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 mal[...]

Maryland Appellate Court Discusses Loss Of Chance Doctrine, Which Maryland Rejects, And Proximate Cause In Reinstating Medical Malpractice Verdict For Plaintiffs

November 24, 2020

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 Nov[...]

Louisiana Appellate Court Reverses Summary Judgment Granted To Pediatric Cardiologist

November 19, 2020

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 malpr[...]

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

November 17, 2020

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 Court’s determ[...]

Texas Appellate Court Overturns New Trial Order After Medical Malpractice Defense Verdict

October 18, 2020

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 judgmen[...]

Study Highlights Need For “Investment In And Exploration Of New Approaches To Fetal Surveillance In Labor”

June 10, 2020

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 [neonatal encephalopathy] b[...]

Virginia Court Disallows Discovery Of Medical Malpractice Defendant’s Photographs Of Biopsy Slides

June 8, 2020

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 the lawsuit had been fi[...]

Iowa Supreme Court Applies Contradictory Affidavit Rule To Deny Medical Malpractice Claim

June 2, 2020

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 amputated due to necrotizing fasciitis that she claimed the d[...]

Virginia Medical Malpractice Verdict Against Orthopedic Doctor For Undiagnosed Talus Fracture

May 19, 2020

A Virginia medical malpractice jury returned its verdict in the amount of $882,000 in favor of a Loudoun County, Virginia sheriff’s deputy for the harm he suffered because the defendant orthopedic doctor failed to timely diagnose the talus fracture (ankle fracture) he suffered as a result of a[...]

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Category: Medical Misdiagnosis