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Daily Blogs

Pennsylvania Supreme Court Applies Discovery Rule In Reinstating Failure To Diagnose Lyme Disease Case

October 20, 2018

The Supreme Court of Pennsylvania Middle District (“Pennsylvania Supreme Court”) held in its opinion filed on October 17, 2018, “we respectfully find that the Superior Court erred by concluding, as a matter of law, that Plaintiffs knew or should have known sometime between July and[...]

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$8.9M Minnesota Medical Malpractice Verdict Against Midwife For Birth Injury

October 19, 2018

A Minnesota medical malpractice jury found in favor of the plaintiff on September 28, 2018 for the serious and permanent injuries suffered by her 10.5 pound baby as a result of the defendant midwife underestimating the size of the baby and allowing the mother to attempt a vaginal delivery. The nurse[...]

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$15M New York Medical Malpractice Verdict For Undiagnosed Glaucoma Leading To Blindness

October 18, 2018

A New York medical malpractice jury determined on Thursday, September 27, 2018, after a three-week trial, that the defendant hospital was liable to the plaintiff for medical negligence in the failure to timely and appropriately diagnose and treat a young woman’s glaucoma while she was pregnant[...]

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Alabama Supreme Court Wipes Out $20M Medical Malpractice Verdict Against Rehab Hospital

October 17, 2018

The Superme Court of Alabama (“Alabama Supreme Court”) overturned the $20 million medical malpractice wrongful death verdict against the defendant rehabilitation hospital in its opinion filed on September 28, 2018, concluding that “charging the jury as to the hospital standard of c[...]

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Georgia Appellate Court Affirms $4.5M Gross Negligence Medical Malpractice Verdict Involving Paraplegia

October 16, 2018

On September 28, 2018, the Court of Appeals of Georgia Fourth Division (“Georgia Appellate Court”) affirmed a $4.5 million Georgia medical malpractice jury verdict, finding that the defendants failed to provide the plaintiff with proper medical treatment while he was in the emergency dep[...]

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Georgia Appellate Court Orders New Medical Malpractice Trial For Man Injured By Falling Out Of Deer Stand

October 15, 2018

The Georgia Court of Appeals Third Division (“Georgia Appellate Court”) on September 26, 2018 reversed a defense verdict in favor of a doctor who instructed his patient after surgery to not engage in any strenuous or risky activity, or any lifting, bending, or stooping over, but five day[...]

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Kentucky Supreme Court Reverses Dismissal After Plaintiff’s Medical Malpractice Lawyer Allowed To Withdraw

October 14, 2018

In its opinion rendered on September 27, 2018, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that dismissal with prejudice of the plaintiff’s medical malpractice birth injury lawsuit brought by the infant’s “next friend” (mother) after the plaintif[...]

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$130.5M Michigan Medical Malpractice Verdict Against Hospital For Brain Injury To Two-Month-Old Baby

October 13, 2018

On September 25, 2018, after a three-week trial, a Michigan medical malpractice jury awarded $130,571,897 to a child who suffered a severe and permanent brain injury due to the lack of oxygen during a medical procedure that resulted in the child suffering cerebral palsy. The Michigan medical malprac[...]

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Connecticut Supreme Court Applies Continuous Course Of Conduct Doctrine In Medical Malpractice Appeal

October 12, 2018

The Connecticut Supreme Court held in its opinion filed on September 25, 2018: “although we conclude that the trial court correctly determined that the record in the present case does not support application of the continuing course of treatment doctrine, we agree with the plaintiffs that the [...]

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Medical Malpractice Wrongful Death Lawsuit Involving Department of Veterans Affairs Ends In Defense Verdict

October 11, 2018

On September 10, 2018, a federal judge with the United States District Court for the Western District of Missouri found in favor of the defendant, The United States, in a federal tort claim action involving the U.S. Department of Veterans Affairs. The plaintiff had alleged in his Federal Tort Claims[...]

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Indiana Appellate Court Affirms Res Ipsa Loquitur Did Not Apply In Medical Malpractice Case

October 10, 2018

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its September 14, 2018 opinion that the res ipsa loquitur doctrine does not apply in a medical malpractice case when the injury that occurs is a known complication of surgery or a medical procedure that can occur even if[...]

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Oregon Supreme Court Rules Treating Radiologists’ Testimony Regarding Imaging Studies Not Impermissible Expert Testimony

October 9, 2018

The Supreme Court of the State of Oregon (“Orgeon Supreme Court”) held in its opinion filed on August 23, 2018 that the questions that the Orgeon medical malpractice plaintiff asked two radiologists employed by the defendant radiology group about what they saw in the plaintiff’s imagin[...]

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