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New Jersey Appellate Court Enforces Arbitration Of Nursing Home Injury Claim

October 6, 2020

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its opinion dated March 3, 2020, affirmed the trial court’s order requiring that a New Jersey nursing home injury claim be arbitrated pursuant to an arbitration agreement signed by the resident&#[...]

Indiana Appellate Court Finds Claim Of Altered Medical Records Subject To Indiana’s Medical Malpractice Act

October 5, 2020

In its opinion filed on July 20, 2020, the Court of Appeals of Indiana (“Indiana Appellate Court”) held: “we conclude that the maintenance of health care records in this case including their alteration prior to the filing of the proposed complaint alleging malpractice against IU He[...]

Maryland Appellate Court Affirms Medical Malpractice Case Filed Too Late

October 4, 2020

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, held in its reported opinion dated August 27, 2020 in a Maryland medical malpractice case: “Viewing the evidence in the light most favorable to Ms. Thomas, Dr. Shea[...]

Maryland Appellate Court Affirms Reversal Of Nearly $1M Medical Malpractice Verdict For Expert’s Violation Of 20% Rule

October 3, 2020

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), in its unreported opinion dated October 2, 2020, stated that the issue before it was whether the Maryland medical malpractice plaintiff’s expert witness, Dr. Sanford Davne, was in compliance with the so-called �[...]

California Voters Will Decide In November 2022 If Unfair $250K Limit On Medical Malpractice Damages Will Be Changed

October 2, 2020

California voters will have the chance in November 2022 to modify the 45-year-old $250,000 cap on noneconomic damages in California medical malpractice cases that in 2020 is worth only $50,768 in 1975 dollars, and which disproportionately impacts Black and brown Californians. The California Secretar[...]

Kansas Appellate Court Discusses Requirements For Medical Malpractice And Informed Consent Claims In Kansas

October 1, 2020

The Court of Appeals of the State of Kansas (“Kansas Appellate Court”), in its opinion dated September 25, 2020, discussed the requirements for medical malpractice claims and informed consent claims in Kansas. Kansas Medical Malpractice Claims To establish medical malpractice in Kansas, [...]

Pennsylvania Supreme Court Holds Trial Court Erroneously Granted Nursing Home Mistrial Sua Sponte

September 30, 2020

The Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”), in its Opinion filed on July 21, 2020, stated: “There are instances in which a party detects, but fails to preserve, an error that could result in a mistrial. In today’s decision, we again recogniz[...]

Illinois Appellate Court Overturns $50.3M Birth Injury Medical Malpractice Verdict

September 29, 2020

In its opinion filed on August 21, 2020, an Illinois Appellate Court overturned a $50.3 million birth injury medical malpractice verdict, stating: “The jury heard extensive expert testimony on both sides that led to conflicting opinions as to the cause of Julien’s brain injury. Defendants’[...]

Superintendent And Former Medical Director Of Massachusetts Nursing Home Indicted For COVID-19 Neglect

September 28, 2020

The Attorney General of Massachusetts announced on September 25, 2020 that Superintendent Bennett Walsh and former Medical Director David Clinton of the Soldiers’ Home in Holyoke, Massachusetts (“SHH”) have been indicted on criminal neglect charges for their roles in the deadly COVID[...]

77 New York Nursing Homes Found Deficient In COVID-2019 Response

September 27, 2020

The Associated Press (AP) reported on September 24, 2020: “Health inspectors found safety shortcomings at 77 New York nursing homes during the coronavirus pandemic, including basic infection-control violations like failing to have staff wear masks or wash their hands, according to records and [...]

North Carolina Supreme Court Rules Internist Qualified As Expert Against Hospitalist In Medical Malpractice Case

September 26, 2020

The Supreme Court of North Carolina (“North Carolina Supreme Court”) stated in its August 14, 2020 opinion, “we must determine whether an internist proffered by plaintiff to provide standard of care expert testimony against three hospitalists is properly qualified under Rule 702(b)[...]

Florida Appellate Court Reverses Medical Malpractice Defense Verdict Due To Defective Verdict Form

September 25, 2020

The District Court of Appeal of Florida Second District (“Florida Appellate Court”) held in its opinion dated July 17, 2020, “While our review of the record has determined that the jury instructions were proper, we agree with Haynes that the verdict form was legally insufficient to[...]

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