Category: Survival Actions

Texas Appellate Court Holds Medical Malpractice Plaintiffs’ Expert’s Report Insufficient In Newborn Death Case

The Texas Fourteenth Court of Appeals (“Texas Appellate Court “) held in its October 12, 2021 opinion that the Texas medical malpractice plaintiffs’ expert’s report, which was required by section 74.351 of the Civil Practice and Remedies Code, “does not…
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Illinois Appellate Court Requires Arbitration Of Nursing Home Resident’s Death Claim

In its Order filed on September 14, 2021, the Appellate Court of Illinois Fourth District (“Illinois Appellate Court”) held in a nursing home negligence case involving the death of a resident in which the nursing home was seeking an order…
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Pennsylvania Appellate Court Vacates Nursing Home Survival Action Arbitration Order

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential Memorandum decision filed on August 5, 2021 in a nursing home survival action, “we vacate the order referring the survival action to arbitration and remand the case to…
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Pennsylvania Appellate Court Sends Nursing Home Survival Claim To Arbitration

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) stated in its non-precedential opinion filed on July 30, 2021 in a nursing home wrongful death case: “there is nothing in the record to indicate the POA Agreement was invalid … Frank…
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Maryland Appellate Court Discusses Recoverable Damages In Delayed Diagnosis Of Terminal Cancer Case

The Court of Special Appeals of Maryland, which is Maryland’s intermediate appellate court, summarized the facts of a Maryland medical malpractice wrongful death case that it decided in a published opinion dated July 1, 2021, as follows: A patient sees…
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$625K Florida Medical Malpractice Verdict For Premature Removal Of Foley Catheter

In early February 2021, a Florida medical malpractice jury returned its verdict in the amount of $625,000 against a Florida hospital after a nurse removed a patient’s Foley catheter after only four days following surgery despite the fact that it…
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Pennsylvania Appellate Court Affirms Part Of $6.3 Medical Malpractice Verdict

The Superior Court of Pennsylvania, in its non-precedential decision filed on February 8, 2021, upheld a Pennsylvania medical malpractice jury’s determination of liability in favor of the plaintiff and affirmed the wrongful death portion of the damages award but vacated…
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Maryland Appellate Court Discusses Loss Of Chance Doctrine In Medical Malpractice Case

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, held in its unreported opinion dated June 21, 2020 in a Maryland medical malpractice wrongful death case involving the failure to diagnose oral cancer, “because appellants…
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South Carolina Appellate Court Affirms Denial Of Nursing Home’s Motion To Compel Arbitration

In its opinion dated May 1, 2019, the Court of Appeals of the State of South Carolina (“South Carolina Appellate Court”) affirmed the circuit court’s denial of the defendant nursing home’s motion to compel arbitration of the plaintiff’s nursing home…
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Indiana Supreme Court Holds Heir Not Necessary In Medical Malpractice Wrongful Death Case

The Indiana Supreme Court held in its decision dated February 21, 2019 that the plaintiff’s claim for survivor damages “did not abate upon his death and was not dependent on the existence of an heir,” stressing that the case “demonstrates…
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