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Virginia Supreme Court Determines Trial Court Erred By Granting Judgment To Defendants Mid-Trial In Medical Malpractice Case

March 5, 2020

The Virginia Supreme Court held in its opinion filed on February 13, 2020 in a Virginia medical malpractice wrongful death case, “On a motion to strike at the conclusion of Shareef’s case-in-chief, the circuit court was required to view all of his evidence in the light most favorable to him,[...]

Arkansas Appellate Court Refuses To Enforce Nursing Home Arbitration Agreement

March 4, 2020

In its opinion filed on February 12, 2020, the Arkansas Court of Appeals Division II (“Arkansas Appellate Court”) refused to enforce an alleged arbitration agreement between a nursing home resident and the defendant nursing home regarding the subsequent nursing home negligence claims fil[...]

New Jersey Dentist Agrees To License Suspension After 15 Cases Of Serious Heart Infections

March 3, 2020

The New Jersey Office of the Attorney General, Division of Consumer Affairs, Division of Law announced in a February 3, 2020 press release entitled “Morris County Oral Surgeon Agrees to 5-Year License Suspension to Resolve Allegations that His Breach of Infection Control Protocols Exposed Pati[...]

Pennsylvania Appellate Court Orders Disclosure of Credentialing Documents To Medical Malpractice Plaintiff

March 2, 2020

In its opinion dated February 13, 2020, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held: “Since St. Clair Hospital’s credentialing committee is a committee that reviewed the professional qualifications and activities of Dr. Petraglia following his applica[...]

Massachusetts Appellate Court Holds That Withdrawal Of Consent May Constitute Medical Battery

March 1, 2020

A Massachusetts Appellate Court held in its opinion filed on February 11, 2020, “We are required in this case to consider whether there is a viable cause of action for battery, in the medical context, based on withdrawal of consent. We conclude that there is. In a case such as this, which invo[...]

New York Appellate Court Applies Continuous Treatment Doctrine In Overturning Dismissal Of Medical Malpractice Lawsuit

February 29, 2020

The New York Supreme Court, Appellate Division, First Department (“New York Appellate Court”) held in its Decision and Order dated February 11, 2020, “On this record, an issue of fact exists as to the last date on which defendant Dr. Woo treated the decedent, and thus, as to when t[...]

Tennessee Supreme Court Upholds $750,000 Cap On Noneconomic Damages

February 28, 2020

The Supreme Court of Tennessee, in its opinion filed on February 26, 2020, held “that the statutory cap on noneconomic damages in Tennessee Code Annotated section 29-39-102 does not violate the right to trial by jury, the doctrine of separation of powers, or the equal protection provisions of [...]

Illinois Appellate Court Affirms Medical Malpractice Defense Verdict Where Expert Not Allowed To Demonstrate Medical Procedure

February 27, 2020

The Appellate Court of Illinois First Judicial District Fifth Division (“Illinois Appellate Court”) held in its Order filed on February 7, 2020 that the trial court did not abuse its discretion by refusing to allow the Illinois medical malpractice plaintiff’s expert to perform a de[...]

New York Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants

February 26, 2020

The Supreme Court of the State of New York Appellate Division, Fourth Department (“New York Appellate Court”) held in its Memoradum and Opinion dated February 7, 2020: “we conclude that “‘[t]he conflicting opinions of the experts for plaintiff and defendant[s] with respect to .[...]

Pennsylvania Superior Court Refuses To Enforce Nursing Home Arbitration Agreement

February 25, 2020

The Superior Court of Pennsylvania, in its opinion filed on February 6, 2020, held, in a case in which a nursing home was seeking to enforce an arbitration agreement signed by the resident’s wife with regard to negligence claims against the nursing home, “The trial court concluded, and w[...]

Baltimore Medical Malpractice Jury Awards $1.35M For Death Of Patient Following Neck Surgery

February 24, 2020

On February 18, 2020, a Baltimore medical malpractice jury took only 47 minutes after a five-day trial to award the son of a patient who died a day after spinal surgery on his neck, $51,562 for medical expenses, $4,209 for funeral expenses, and $1.3 million in noneconomic damages for pain and suffer[...]

Iowa Bill Would Impose Hard Cap Of $250,000 For Noneconomic Damages In All Medical Malpractice Cases

February 23, 2020

The Iowa Legislature passed a medical liability reform law in 2016 that imposed a $250,000 cap on noneconomic damages in medical malpractice cases but excluded Iowa medical malpractice claims involving permanent disfigurement or death. The present Iowa medical malpractice law states: “The tota[...]

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