Arizona Medical Malpractice Laws To prove medical negligence, a plaintiff must provide evidence that the defendant failed to meet the applicable professional standard of care and defendant’s failure proximately caused plaintiff’s injuries. A.R.S. § 12-563. To establish proximate cause, the… Read More
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Texas Appellate Court Affirms Summary Judgment For ER Physician In 7-Year-Old’s Asthma Death
The Court of Appeals Second Appellate District of Texas at Fort Worth (“Texas Appellate Court”) affirmed in its January 14, 2021 opinion that the defendant emergency room physician was entitled to summary judgment in a Texas medical malpractice wrongful death… Read More
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South Carolina Supreme Court Refuses To Enforce Assisted Living Facility Arbitration Agreement
The Supreme Court of South Carolina, in its opinion dated March 10, 2021, held: “Under the facts of this case, neither the GDPOA [General Durable Power of Attorney] nor the HCPOA [Health Care Power of Attorney] granted Arredondo authority to… Read More
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Federal Appellate Court Rules Jail Doctor Is Entitled To Qualified Immunity But Jail Nurse Is Not
A 21-year-old jail inmate died while in the custody of a county jail. Her Estate brought a civil action for deprivation of civil rights under color of state law. 42 U.S.C. § 1983. The United States district court granted summary… Read More
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Minnesota Appellate Court Remands Mental Health Provider Malpractice Lawsuit For Suicide/Familicide
The State of Minnesota Court of Appeals (“Minnesota Court of Appeals”) held in its opinion filed on February 16, 2021, “Because Short’s mental-health provider owed a duty of care to him as a matter of law, and because genuine issues… Read More
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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The Superior Court of Pennsylvania, in its non-precedential decision filed on February 8, 2021, upheld a Pennsylvania medical malpractice jury’s determination of liability in favor of the plaintiff and affirmed the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… Read More
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Missouri Supreme Court Affirms Punitive Damages Award In Medical Malpractice Case
In its opinion filed on March 2, 2021, the Missouri Supreme Court affirmed a Missouri medical malpractice jury’s award in favor of the plaintiff in the amounts of $269,780.80 for economic damages, $300,000 for noneconomic damages, and $300,000 for aggravating… Read More
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CEO Of Nursing Home Conglomerate Received $5.2M Retention Bonus Just Before Retiring During COVID-19 Pandemic
Massachusetts Senator Elizabeth Warren wrote a letter to Robert Fish, Chairman and Chief Executive Officer of Genesis Healthcare, Inc., dated January 27, 2021, expressing her outrage “about the inexplicable and unseemly decision by Genesis Healthcare, Inc. (Genesis) and its board… Read More
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Federal Appellate Court Reverses Summary Judgment For Defendants For Lack Of Adequate Medical Care In Jail
The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) held in its opinion dated January 13, 2021: “Viewing the evidence in Plaintiff’s favor, a jury could conclude that Ronnie Sandoval would not have died but for… Read More
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West Virginia Medical Malpractice Lawsuit Alleges Chemo Drug Caused Patient’s Death
A West Virginia medical malpractice wrongful death lawsuit alleges that a 41-year-old West Virginia man who had been recently diagnosed with rectal cancer was improperly treated with a chemotherapy drug that is known to worsen patients’ preexisting heart disease, causing… Read More
