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Mississippi Supreme Court Affirms Directed Verdict For Neurosurgeon In Medical Malpractice Case

December 24, 2019

In its opinion filed on December 5, 2019, the Supreme Court of Mississippi (“Mississippi Supreme Court”) affirmed the directed verdict the trial court had entered in favor of the defendant neurosurgeon in a Mississippi medical malpractice case where the plaintiff alleged the defendant[...]

National Defense Authorization Act 2020 Allows Military Medical Malpractice Claims For First Time

December 23, 2019

National Defense Authorization Act 2020 (NDAA) signed into law by President Trump on December 20, 2019 does not change or repeal the Feres doctrine but it authorizes for the first time for the Secretary of Defense to allow, settle, and pay an administrative claim against the United States for person[...]

Las Vegas Delayed CPR Brain Damage Medical Malpractice Case Settled During Jury Deliberations

December 22, 2019

A Las Vegas, Nevada medical malpractice jury was in the middle of deliberations when the parties reached a settlement in the Nevada medical malpractice lawsuit that sought $63 million in compensatory damages for a woman who claimed that she suffered serious permanent brain damage because the hospita[...]

Analysis Of Medical Malpractice Claims Against Radiologists

December 21, 2019

The Doctors Company, which is the largest medical malpractice insurer owned by physicians in the United States, has issued a report entitled “Diagnostic and Interventional Radiology Closed Claims Study” in which it reports on the findings of its analysis of 596 claims (written demands fo[...]

New York Appellate Court Discusses Continuous Treatment Doctrine In Medical Malpractice Suicide Case

December 20, 2019

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”), in its opinion dated December 4, 2019, discussed the application of the continuous treatment doctrine in a New York medical malpractice case and held in a split-decisio[...]

New Mexico Supreme Court Finds Statute Of Limitations Tolled As To Plaintiff’s Medical Malpractice Claim Against Hospital

December 19, 2019

In its opinion filed on December 5, 2019, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) held, “While the MRC [New Mexico Medical Review Commission] application does not describe specific acts of malpractice directly committed by Lovelace [Lovelace Health[...]

Michigan Appellate Court Affirms Medical Malpractice Defendants Not Entitled To Summary Disposition For Electrocautery Burn Claim

December 18, 2019

On August 1, 2014, the Michigan medical malpractice plaintiff underwent arthroscopic surgery on his right shoulder that was performed by the defendant surgeons. Electrocautery (the process of heating tissues with electricity to seal blood vessels and stop bleeding) was used during the surgery. Elect[...]

J & J Recalls Surgical Staplers Due To Possible Defect Linked To Serious Injuries And Death

December 17, 2019

On October 30, 2019, the FDA announced a Class I recall, the most serious type of recall for medical devices that may cause serious injuries or death, regarding Johnson and Johnson’s Ethicon subsidiary’s recall of its ECHELON FLEX™ ENDOPATH® staplers for failure to completely for[...]

Illinois Appellate Court Rules Patient’s Mental Health Records Not Relevant In Brain Injury Medical Malpractice Case

December 16, 2019

In its opinion filed on October 28, 2019, the Appellate Court of Illinois First District (“Illinois Appellate Court”) ruled: “the trial court erred in granting defendants’ motion to compel because plaintiff did not place Kiersten’s mental condition at issue by claiming brain da[...]

Maryland Deliberate Indifference Medical Malpractice Wrongful Death Lawsuit Filed

December 15, 2019

On November 29, 2019, the widow of a man who died in 2016 less than twenty hours after he was released from the Allegany County Detention Center in Maryland filed a deliberate indifference medical malpractice wrongful death lawsuit in the United States District Court for the District of Maryland loc[...]

Indiana Appellate Court Reverses Summary Judgment For Nurse Practitioner With Regard To Timeliness Of Medical Malpractice Claim

December 14, 2019

The Court of Appeals of Indiana (“Indiana Appellate Court”), in its opinion dated November 21, 2019, reversed the trial court’s grant of summary judgment in favor of the defendant nurse practitioner (“NP”), finding that there was a genuine issue of material fact as to w[...]

Kentucky Appellate Court Reverses Summary Judgment For Defendants In Clinical Trial Informed Consent Case

December 13, 2019

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”), in its unpublished opinion dated October 4, 2019, held that the Kentucky medical malpractice plaintiffs had raised genuine issues of material fact as to whether the defendants breached the standard set forth in K[...]

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