Missouri Medical Malpractice Archives - Page 2 of 8

Missouri Supreme Court Holds Continuing Care Doctrine Did Not Apply To Medical Malpractice Claim

April 17, 2024

Background Dane Templeton sustained an injury to his right knee and thigh for which Dr. Charles Orth performed surgery on September 18, 2012. Templeton returned to Dr. Orth for follow-up evaluations over the course of several months. Dr. Orth did not provide any medical care to Templeton between his[...]

Missouri Appellate Court Affirms New Trial For Medical Malpractice Plaintiff Where Defense Expert Changed Testimony At Trial

January 14, 2024

The parents of Z.R. brought a Missouri medical malpractice action asserting that the defendants negligently failed to evaluate and treat her bilateral hip dysplasia when she was an infant. Hip dysplasia is most often diagnosed while the child is a newborn. Pavlik harnesses are commonly prescribed to[...]

Missouri Man Loses Case Against Fertility Clinic That Used Someone Else’s Sperm

December 13, 2023

In 2009, C.H. (Husband) and P.H. (Wife), who were married at the time, sought treatment from Respondents for IVF and an embryo transplant into a surrogate, whereby Husband and Wife would be the biological parents of the child. Husband and Wife entered into a surrogacy agreement with S.S. (Surrogate)[...]

Missouri Appellate Court Holds Unlawful Access To Medical Records Not Medical Malpractice Claim

December 2, 2023

Background Facts J.J., a minor child, alleged that Poplar Bluff Regional Medical Center, L.L.C. (“PBRMC”) was a health care provider, and that in January of 2021 he received in-patient mental health treatment with PBRMC. While J.J. was a patient, an employee of PBRMC (“EmployeeR[...]

Missouri Appellate Court Affirms Dismissal Of Medical Malpractice Case Due To Unsigned Affidavit

August 8, 2023

Missouri Medical Malpractice Law Court Affirms Dismissal Of Case Due To Unsigned Affidavit: Section 538.225, which governs the requirements for filing medical malpractice claims, states: “In any action against a health care provider for damages for personal injury or death on account of the re[...]

Missouri Appellate Court Holds Biomechanical Engineer’s Opinion As To Specific Causation In Shoulder Dystocia Birth Injury Medical Malpractice Case Was Inadmissable

July 25, 2023

Shoulder Dystocia Birth Injury Malpractice Case: In a Missouri birth injury medical malpractice case in which the plaintiff alleged that her baby suffered a permanent brachial plexus injury during delivery after the baby experienced shoulder dystocia during delivery and the delivering OB used excess[...]

$780,000 Medical Malpractice Settlement For Man Who Was Injured While Under Effects Of Anesthesia

June 10, 2023

$780,000 Settlement For Man Who Was Injured While Under Anesthesia: A man who claimed he was involved in a motorcycle accident while allegedly still under the effects of anesthesia from a cardiac catheterization procedure at a Veterans Affairs medical center in St. Louis, Missouri has reached a $780[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

$25.4 Million Missouri Medical Malpractice Verdict For Anoxic Brain Injury At Birth

June 21, 2022

A medical malpractice jury in Missouri awarded $25.4 million against a Kansas City, Missouri doctor for her alleged medical negligence that led to a baby suffering permanent brain damage due to the lack of oxygen at birth. The jury’s verdict will be reduced to approximately $20.7 million due t[...]

Missouri Appellate Court Rules Heartland Independent Living Center Is Not A Health Care Provider

November 4, 2021

The Missouri Court of Appeals Eastern District (“Missouri Appellate Court”) held in a case determining which statute of limitations applied in a case where the disabled plaintiff was scalded by the alleged negligence of a home health care worker: “even though Heartland [Independent[...]

Missouri Appellate Court Applies Continuing Care Doctrine In Partially Reviving Hip Replacement Medical Malpractice Lawsuit

September 18, 2021

The Missouri Court of Appeals Western District (“Missouri Appellate Court”), in its opinion dated August 24, 2021, partially revived the plaintiffs’ Missouri medical malpractice lawsuit involving two hip replacement surgeries, by applying the continuing care doctrine. The Underlyin[...]

Missouri Supreme Court Upholds Cap On Noneconomic Damages In Medical Malpractice Cases

July 25, 2021

The Supreme Court of Missouri, in its opinion issued on July 22, 2021, upheld Missouri’s cap on nonecnomic damages in Missouri medical malpractice cases, stating, “Because a medical negligence action is a statutorily created cause of action, the General Assembly had the legislative autho[...]

$3.2M Missouri Medical Malpractice Verdict For Death Of Toddler

July 21, 2021

On May 29, 2021, a Missouri medical malpractice wrongful death jury returned its verdict of almost $3.2 million in favor of the parents of a one-year-old who died three hours after he was seen in an urgent care clinic at CoxHealth Hospital in Branson, Missouri, on June 5, 2017. The urgent care clini[...]

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Category: Missouri Medical Malpractice