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Pennsylvania Appellate Court Rules Plaintiff’s Expert Was Qualified In Medical Malpractice Case

March 11, 2021

The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) concluded in its non-precedential Memorandum decision filed on January 22, 2021 that the plaintiff’s subsequent treating neurosurgeon was qualified to provide a certificate of merit in her medical malpractice case,[...]

New Jersey Appellate Court Does Not Allow Expert’s Net Opinion Against Assisted Living Facility

March 10, 2021

In its decision filed on February 5, 2021, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in an assisted living negligence case that “inspecting a patient’s room at least once per hour may well be a reasonable standard, depending on ho[...]

Federal Appellate Court Applies Preemption In Reversing Verdict Against Pharmaceutical Company

March 9, 2021

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) held in its published opinion dated January 6, 2020: “Boehringer [Boehringer Ingelheim Pharmaceuticals, Inc.] did not have “newly acquired information” regarding an optimal Pradaxa blood conce[...]

Texas Appellate Court Affirms Medical Malpractice Plaintiff’s Expert Reports Were Sufficient

March 8, 2021

In Texas, a party who brings a health care liability claim shall “not later than the 120th day after each defendant’s original answer is filed, serve on that party or the party’s attorney one or more expert reports . . . .” TEX. CIV. PRAC. & REM. CODE ANN. § 74.351(a). The claimant must[...]

Texas Appellate Court Applies Heightened Standard Of Care In Dismissing Birth Injury Medical Malpractice Case

March 7, 2021

In a Texas medical malpractice case decided by the Texas Court of Appeals, Third District, at Austin (“Texas Appellate Court”) on February 10, 2021, the plaintiff argued that the trial court erred in determining that the medical care the defendants provided to treat her post-C-section he[...]

Florida Appellate Court Reverses Summary Judgment For Hospital Medical Malpractice Defendant Based On Apparent Agency

March 6, 2021

The District Court of Appeal of the State of Florida Fifth District (“Florida Appellate Court”) held in its opinion filed on February 5, 2021 that the medical malpractice defendant hospital (“Florida Hospital”) was not entitled to summary judgment for a surgeon’s allege[...]

Pennsylvania Appellate Court Affirms Part Of $6.3 Medical Malpractice Verdict

March 5, 2021

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 the survival claim dama[...]

Missouri Supreme Court Affirms Punitive Damages Award In Medical Malpractice Case

March 4, 2021

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 circumstances damages (punitive [...]

CEO Of Nursing Home Conglomerate Received $5.2M Retention Bonus Just Before Retiring During COVID-19 Pandemic

March 3, 2021

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 to approve an[...]

Federal Appellate Court Upholds Jury Verdict Against Psychiatrist Who Disclosed Patient’s Threat

March 2, 2021

The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”) in its opinion filed on February 2, 2021 affirmed the judgment of the United States District Court in a case where a civil jury found psychiatrist Dr. Tracie Rivera liable to patient Ronald Turner for pr[...]

Massachusetts Supreme Court Eliminates Substantial Contributing Factor Causation In Medical Malpractice Cases

March 1, 2021

The Massachusetts Supreme Court stated in its opinion filed on February 26, 2021: “In this medical malpractice case, we are asked once again to clarify our case law on causation, along with a series of other issues that are more readily decided. Specifically, we examine the use of two competin[...]

89-Year-Old Hospital Patient In Argentina Declared Dead, Wakes Up During Cremation

February 28, 2021

An 89-year-old woman in Argentina went to a private hospital complaining of chest pain where she was found to also have shortness of breath. The hospital subsequently declared her dead. The local police reported, “The woman’s daughter went to the hospital at 8:45 a.m., where she met a do[...]

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