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Texas Supreme Court Discusses Proper Application Of Statutory Reductions Of Medical Malpractice Jury Verdicts

May 15, 2020

The Supreme Court of Texas (“Texas Supreme Court”), in its opinion dated May 8, 2020, discussed the proper method of applying the required statutory reductions of a Texas medical malpractice jury’s verdict in favor of the plaintiff where some of the defendants settled before trial [...]

Pennsylvania Appellate Court Revives Legal Malpractice Case Arising From Two Medical Malpractice Lawsuits

May 14, 2020

In a legal malpractice case decided by the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) on March 30, 2020, the defendant Pennsylvania medical malpractice lawyer and his law firm had represented the plaintiffs in two Pennsylvania medical malpractice lawsuits: one as a r[...]

Recent Study Concludes Private Equity-Owned Nursing Homes Put Profits Over People

May 13, 2020

A study entitled “Does Private Equity Investment in Healthcare Benefit Patients? Evidence from Nursing Homes” posted on March 9, 2020 concluded: “our evidence thus far shows that after PE [private equity] buyouts nursing homes experience operational efficiency improvements, with hi[...]

Georgia Appellate Court Remands Medical Malpractice Case To Determine If Verdict Was Void As Inconsistent

May 12, 2020

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion filed on March 30, 2020, “we vacate our original opinion, and applying the abuse-of-discretion standard of review set forth in Evans II, we affirm the trial court’s order to the extent that it denied [...]

Missouri Medical Malpractice Judgment Reduced From $12.8 M To $9.6M

May 11, 2020

A Missouri medical malpractice jury had awarded $12,820,990 to a 57-year-old man in his Missouri medical malpractice lawsuit against two doctors and others for the injuries the man sustained that the jury determined in November 2017 were due to medical negligence in failing to timely diagnose and tr[...]

Oncology Medical Malpractice Claims Statistics

May 10, 2020

The Doctors Company, the largest physician-owned medical malpractice insurance carrier in the United States, reviewed medical oncology claims that closed between 2012 and 2018. The March 2019 analysis found 101 medical oncology claims and two surgical oncology claims. The Doctors Company excluded th[...]

Hawaii Supreme Court Recognizes Loss Of Chance Doctrine In Medical Malpractice Death Claims

May 9, 2020

The Supreme Court of the State of Hawai’i (“Hawaii Supreme Court”) held in its opinion filed on May 5, 2020: “while a “loss of chance” is not a separate compensable injury under Hawaiʻi law, a factfinder in a medical malpractice case involving the death of a patient may [...]

New Jersey Supreme Court Refuses To Apply Common Knowledge Exception In Medical Malpractice Case

May 8, 2020

New Jersey’s Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, requires plaintiffs alleging medical malpractice against a licensed professional to include an affidavit from a medical expert in their filing. The affidavit must provide that there exists a reasonable probability the standard[...]

Texas Appellate Court Says Slip On Liquid On Floor In Hospital While Walking To Procedure Room Is A Medical Malpractice Claim

May 7, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”), in its Majority Opinion dated March 26, 2020, held that the plaintiff’s claim that the defendant hospital was negligent as a result of her fall due to a liquid on the floor was “an alleged departure from accepte[...]

North Carolina Joins Other States In Providing Medical Malpractice Immunity During Coronavirus Pandemic

May 6, 2020

North Carolina joins an increasing number of U.S. states providing health care providers with immunity from medical malpractice claims during the coronavirus pandemic, except for “gross negligence, reckless misconduct, or intentional infliction of harm by the health care facility or health car[...]

California Appellate Court Eviscerates $4.25M Noneconomic Damages Award In Medical Malpractice Case To $250,000

May 5, 2020

The Court of Appeal of the State of California Second Appellate District Division Two (“California Appellate Court”), in its published opinion filed on March 24, 2020, slashed the California medical malpractice trial court’s award of noneconomic damages in the amount of $4,250,000 [...]

Texas Appellate Court Reverses New Trial Order In Cancer Misdiagnosis Medical Malpractice Case

May 4, 2020

The Court of Appeals for the First District of Texas (“Texas Appellate Court”), in its Memorandum Opinion filed on February 25, 2020, held: “we conditionally grant the petition for writ of mandamus and direct the trial court to (1) vacate its order granting a new trial and (2) deny[...]

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