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Michigan Appellate Court Affirms Plaintiff Filed His Medical Malpractice Lawsuit One Day Too Soon

August 7, 2020

In the case that the State of Michigan Court of Appeals (“Michigan Appellate Court”) decided in an unpublished opinion on June 11, 2020, the Michigan medical malpractice plaintiff served the defendants with a notice of intent (“NOI”) to file a medical malpractice claim pursua[...]

Indiana Appellate Court Says Fraudulent Concealment Tolls Statute Of Repose In Medical Malpractice Case

August 6, 2020

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion dated June 26, 2020: “where there is a sufficient factual demonstration of fraudulent concealment, such concealment equitably estops the fraudulent party from invoking the five-year nonclaim limit in th[...]

New York Appellate Court Reverses Portion Of Trial Court’s Reduction Of Medical Malpractice Pain And Suffering Award

August 5, 2020

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”) decided on June 24, 2020, in a New York medical malpractice case in which the plaintiff alleged that the defendant perforated a part of her small intestine as he perform[...]

Federal Appellate Court Affirms Dismissal Of Birth Injury FTCA Claim As Untimely Involving “Deemed” Federal Employee

August 4, 2020

The United States Court of Appeals for the Third Circuit (“Federal Appellate Court”) held in its precedential opinion filed on June 22, 2020: “D.J.S.-W., a young girl who sustained a [brachial plexus] shoulder injury during birth, argues that the limitations period for filing her m[...]

Florida Oncology Group Admits To Antitrust Violations, Agrees To Pay $100 Million

August 3, 2020

The U.S. Department of Justice is continuing to investigate market allocation in the oncology industry, announcing on April 30, 2020 that Florida Cancer Specialists & Research Institute LLC (“FCS”), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring [...]

California Appellate Court Rules Summary Judgment Inappropriate For Defendant In Colonoscopy Medical Malpractice Case

August 2, 2020

The Court of Appeal of the State of California Third Appellate District (El Dorado) (“California Appellate Court”) ruled in its unpublished opinion filed on June 22, 2020 that the defendant gastroenterologist was not entitled to summary judgment in a California medical malpractice case w[...]

Illinois Appellate Court Reverses Medical Malpractice Defense Verdict To Allow Res Ipsa Loquitur Argument

August 1, 2020

The Appellate Court of Illinois First District First Division (“Illinois Appellate Court”) held in its opinion dated June 15, 2020, “We find that Willis [the plaintiff] presented sufficient evidence to permit a jury to decide whether she proved that defendants controlled the instru[...]

Maryland Appellate Court Holds Hospital Entitled To Statutory Immunity For Psychiatric Patient’s Murder Of Another Person 11 Days Later

July 31, 2020

The Court of Special Appeals of Maryland (“Maryland Appellate Court”) held in its unreported opinion filed on July 24, 2020 that the defendant hospital in a Maryland wrongful death case in which a psychiatric patient killed another person eleven days after absconding from the hospital wa[...]

Arizona Appellate Court Disallows Discovery Of Medical Malpractice Wrongful Death Beneficiaries’ Medical Records

July 30, 2020

Charles Heaphy died in December 2017 while in the care of health care provider Willow Canyon. The decedent’s wife subsequently filed an Arizona wrongful death action, grounded in medical malpractice, against Willow Canyon and others. The statutory beneficiaries included the decedent’s wi[...]

Illinois Supreme Court Holds EMS Act Does Not Provide Immunity To Ambulance Driver On Way To Pick Up Nonemergency Patient

July 29, 2020

The Supreme Court of the State of Illinois (“Illinois Supreme Court”) held in its opinion filed on June 18, 2020 that section 3.150 of the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/3.150 (West 2016)) does not provide immunity from liability to an ambulance owner and i[...]

North Carolina Appellate Court Cites Old Precedent In Affirming That Nurses Cannot Be Held Liable For Medical Malpractice In North Carolina

July 28, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) stated in its opinion dated June 16, 2020: “Nearly a century ago, our Supreme Court rejected the notion that nurses can be liable for medical malpractice based on their diagnosis and treatment of patients. Th[...]

Iowa Appellate Court Affirms New Trial For Doctor Due To Improper Closing Argument

July 27, 2020

The Court of Appeals of Iowa (“Iowa Appellate Court”) held in its opinion dated June 17, 2020 that the trial court in an Iowa medical malpractice case did not err in granting a new trial to the defendant doctor because the plaintiff’s lawyer improperly made repeated references to a[...]

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