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Michigan Appellate Court Affirms Denial Of Summary Judgment In Failure To Warn Medical Malpractice Claim

August 3, 2017

In its unpublished opinion dated July 18, 2017, the State of Michigan Court of Appeals (“Appellate Court”) affirmed the trial court’s denial of summary judgment in favor of the Michigan medical malpractice defendants with regard to the plaintiffs’ failure to warn theory, but [...]

California Appellate Court Holds Good Samaritan Law Provided Immunity To Two Surgeons

August 2, 2017

In its July 5, 2017 unpublished opinion, the Court of Appeal of the State of California Second Appellate Division Division Eight (“California Appellate Court”) held that two surgeons who were called into the operating room to assist another surgeon who had injured the decedent’s ar[...]

$8.35M D.C. Medical Malpractice Verdict For Loss Of Leg Following Knee Replacement Surgery

August 1, 2017

A Washington, D.C. medical malpractice jury returned its verdict on June 15, 2017 in the total amount of $8.35 million in favor of an 82-year-old man who lost his leg following knee replacement surgery that the defendant orthopedic surgeon performed on July 16, 2013. The D.C. medical malpractice jur[...]

Missouri Nursing Home Lawsuit Alleges Resident Died After She Was Left In Bathtub For Eight Hours

July 31, 2017

An 88-year-old resident of a Missouri nursing home was found dead in a whirlpool bathtub eight hours after a nursing assistant placed her in the bathtub for her nightly bath. The Missouri nursing home negligence lawsuit alleges that the nursing assistant forgot that she had left the resident i[...]

Arizona Governor Wishes To Harm Medical Malpractice Victims With Federal Tort Reform

July 30, 2017

Arizona Governor Doug Ducey supports efforts at imposing federal tort “reforms,” such as the proposed $250,000 cap on noneconomic damages in medical malpractice cases, despite the protections afforded by the Arizona Constitution and despite the citizens of Arizona uniformly rejecting med[...]

Connecticut Appellate Court Affirms Defense Verdict In Botched Circumcision Case

July 29, 2017

In its decision released on July 18, 2017, a Connecticut appellate court affirmed the defense verdict in a Connecticut medical malpractice case in which the plaintiffs alleged that their son was injured when the defendant pediatrician negligently performed a circumcision procedure on him, thereby re[...]

$7.9M Florida Medical Malpractice Verdict Against Cardiologists For Woman’s Stroke

July 28, 2017

On July 3, 2017, a Miami-Dade County, Florida medical malpractice jury returned its verdict in the amount of $7,991,000 in favor of a 77-year-old woman who suffered a debilitating stroke affecting her left side after her cardiologists stopped her blood-thinning medication, Coumadin. The plaintiff&[...]

Nebraska Supreme Court Rejects Loss Of Chance Doctrine In Medical Malpractice Case

July 27, 2017

The Nebraska Supreme Court rejected the loss-of-chance doctrine in a Nebraska medical malpractice case where the plaintiff alleged that the failure to diagnose her breast cancer for one year increased the probability that she would suffer a recurrence of her breast cancer in the future. The Nebraska[...]

$17.6M Opioid Malpractice Verdict

July 26, 2017

A Missouri medical malpractice jury awarded the plaintiffs $17.6 million on June 27, 2017 after a seven-day trial in a medical malpractice case against the plaintiff’s former primary care physician who was alleged to have prescribed ever-increasing amounts of opioids for the plaintiff’s [...]

Maryland Appellate Court Addresses Inquiry Notice In Hip Replacement Medical Malpractice Case

July 25, 2017

In its unreported opinion dated July 20, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) reversed the trial court’s order that had granted summary judgment to the defendant orthopedic surgeon who had negligently performed right hip replacement surgery on[...]

Michigan Supreme Court Saves Medical Malpractice Case Filed On Last Possible Day

July 24, 2017

In a case that should serve as a warning to medical malpractice lawyers that “this is why you should not wait until the last day to file a medical malpractice case,” the Michigan Supreme Court overturned summary judgment that had been granted to the Michigan medical malpractice defendant[...]

Indiana Supreme Court Affirms Medical Malpractice Plaintiff May Raise New Theories After Panel Decision

July 23, 2017

In its decision filed on April 7, 2017, the Indiana Supreme Court affirmed the Court of Appeals decision in the case that held that a plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel (“MRP”) process if (1) the proposed complain[...]

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