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Indiana Appellate Court Reverses Summary Judgment For Hospital On Vicarious Liability Claim

May 17, 2016

In its decision filed on March 31, 2016, the Court of Appeals of Indiana (“Appellate Court”) reversed summary judgment entered in favor of the defendant hospital in an Indiana medical malpractice hospital vicarious liability case in which the plaintiff alleged that the hospital was vicar[...]

Federal Judge Dismisses Maryland Inmate’s Deliberate Indifference Medical Malpractice Claim

May 16, 2016

A federal judge in Maryland dismissed an inmate’s Maryland medical malpractice deliberate indifference claim that correctional officials violated his Eighth Amendment rights when they failed to properly assess and care for his medical needs while he was incarcerated in federal prison in Maryla[...]

New Jersey Appellate Court Rules Root Cause Analysis Report Is Not Discoverable In Medical Malpractice Cases

May 15, 2016

In its decision filed on May 4, 2016, the Superior Court of New Jersey Appellate Division (“Appellate Court”) ruled that the privilege afforded by the New Jersey Patient Safety Act (“PSA”) is absolute, covering all “documents, materials, or information received by the d[...]

$6M Pennsylvania Medical Malpractice Verdict For CT Scan Mix-Up

May 14, 2016

A Pennsylvania medical malpractice jury returned its verdict on April 28, 2016 in the amount of nearly $6 million in favor of a woman who underwent unnecessary abdominal surgery after a radiologist read another patient’s CT scan images as the woman’s scan, thereby resulting in the misdia[...]

Florida Medical Malpractice Lawsuit Alleges Hospital Puts Its Profits Above Patients’ Health

May 13, 2016

In a Florida medical malpractice case filed on April 21, 2016, the father of a 31-year-old woman who died as a result of a heart attack that she suffered while in the emergency room of the defendant hospital alleges that the hospital put its profits above the health of his daughter by failing to[...]

Pennsylvania Superior Court Affirms $3M Topamax Award

May 12, 2016

In its non-precedential decision filed on May 11, 2016, the Superior Court of Pennsylvania (“Superior Court”) affirmed a $3 million Pennsylvania jury verdict in favor of the parents of a child born with a cleft lip and palate that the plaintiffs alleged were due to defendant Janssen[...]

Florida Appellate Court Affirms Dismissal Of Medical Malpractice Case

May 11, 2016

In its opinion filed on April 1, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) affirmed the dismissal of the plaintiff’s Florida medical malpractice lawsuit because the plaintiff failed to file her complaint within the two-year statute of limitat[...]

Kentucky Supreme Court Affirms Punitive Damages Award In Medical Malpractice Case

May 10, 2016

In its opinion filed on May 5, 2016, the Supreme Court of Kentucky (“Kentucky Supreme Court”) affirmed the $1.45 million punitive damages award against the defendant hospital in a Kentucky medical malpractice case, finding that the hospital’s offensive conduct exhibited a gross in[...]

California Supreme Court Discusses Ordinary Negligence Versus Professional Malpractice

May 9, 2016

In its opinion filed on May 5, 2016, the Supreme Court of California (“California Supreme Court”) had to decide whether alleged negligence in the use and maintenance of equipment needed to implement a physician’s order concerning medical treatment sounds in professional negligence[...]

Indiana Supreme Court Reverses Summary Judgment For Medical Malpractice Defendants

May 8, 2016

In its decision filed on April 28, 2016, the Indiana Supreme Court reversed the trial court’s granting summary judgment to the defendants in an Indiana medical malpractice case, finding that the Indiana medical malpractice defendants themselves “created a genuine issue of material fact[...]

Oklahoma Supreme Court Rules Informed Consent Doctrine Applies To Nonsurgical/Noninvasive Medical Treatment

May 7, 2016

In the case it was deciding, the plaintiff had swallowed a small nail on June 1, 2009 and went to a hospital’s emergency room where the defendant ER physician examined her and ordered an X-ray that showed a foreign body in her stomach, just below her diaphragm. The plaintiff was discharged wi[...]

$1.5M Baltimore Medical Malpractice Verdict For Lack Of Informed Consent

May 6, 2016

A Baltimore medical malpractice jury returned its verdict in favor of the plaintiff in the amount of $1.5 million on April 29, 2016, after five days of trial and almost six hours of jury deliberations, finding that the defendant ENT had failed to obtain the plaintiff’s informed consent for a m[...]

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