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Michigan Appellate Court Rules Plaintiff In Claim Against Assisted Living Facility Not Entitled To Qualified Protective Order Regarding Notice Of Defendant’s Meetings With Her Medical Providers

February 3, 2025

Plaintiff filed a Michigan medical malpractice case against the defendant assisted living facility for injuries she sustained on May 20, 2020, when another resident at defendant’s assisted living facility allegedly caused plaintiff to fall. During the discovery process, defendant requested that th[...]

Hawai’i Supreme Court Expands Loss Of Parental Consortium Claims To Adult Children For Parent’s Severe Injuries

February 2, 2025

The Supreme Court of the State of Hawai’i held in its June 4, 2024 opinion in which the issue of first impression was whether an adult child’s claim of loss of parental consortium is cognizable when the parent has not died but has entered a persistent vegetative state and will not recover: &[...]

Georgia Appellate Court Affirms $15M Medical Malpractice Wrongful Death Verdict For 80-Year-Old Man

February 1, 2025

On the morning of November 16, 2016, James Tapley underwent prostate surgery performed by Brian T. Geary, M.D. During the surgery, Tapley’s bladder was perforated, causing fluid to leak and his abdomen to swell. Because of Tapley’s comorbidities, Geary chose to try to drain the fluid instead of [...]

California Wrongful Death Lawsuit Alleges Cap From Medication Vial Unknowningly Lodged In Patient’s Throat In The Operating Room, Leading To her Death

January 31, 2025

A 76-year-old mother of two and grandmother of three was brought to the hospital on November 4, 2023 after she fell at home and shattered her ankle. She underwent emergency surgery after which she was placed on a ventilator for three days. After she was removed from the ventilator, she complained th[...]

Surgical Specialists Have More Medical Malpractice Claims Than Non-Surgical Physicians

January 30, 2025

Surgical specialties account for most medical malpractice claims. A retrospective observational study to determine the risk for medical malpractice claims for physicians working in hospitals in the Netherlands using anonymized closed malpractice claims between 2007 up to 2021 from two Dutch insurers[...]

Maryland State Audit Report Criticizes Contracts For Health Care Services For Incarcerated Persons In Maryland

January 29, 2025

An Audit Report dated November 25, 2024 from the Office of Legislative Audits Department of Legislative Services Maryland General Assembly entitled “Department of Public Safety and Correctional Services Incarcerated Individual Healthcare Contracts” stated in its cover letter, in part: Ou[...]

$412M New Mexico ED Medical Malpractice Verdict

January 28, 2025

In 2017, a 66-year-old man sought testosterone replacement therapy from NuMale Medical Center, which has facilities in multiple states, for fatigue and for help in losing weight. According to his subsequent New Mexico medical malpractice lawsuit, a physician’s assistant misdiagnosed him with e[...]

Ohio Supreme Court Allows Tolling Of Medical Malpractice Lawsuit Against Physician Who Moved Out Of State

January 27, 2025

Ohio Tolling Statute R.C. 2305.15, commonly referred to as “the tolling statute,” states that if a person who is subject to a lawsuit leaves the State, the statutory periods for commencing that lawsuit do not begin to run—that is, those statutory periods aretolled—while the person remains ou[...]

Florida Appellate Court Affirms Legal Consultant Not Health Care Provider Qualified To Be Expert In Medical Malpractice Case

January 26, 2025

Section 766.203(2) requires a medical-malpractice claimant to conduct a pre-suit investigation. As part of that investigation, the claimant must submit “a verified written medical expert opinion from a medical expert as defined in section 766.202(6), at the time the notice of intent to initiate li[...]

Kentucky Appellate Court Holds University of Kentucky Entitled To Immunity For Medical Malpractice Claim

January 25, 2025

Caitlin Huff was transported from Georgetown Community Hospital to University of Kentucky (“UK”) in May 2022 because she exhibited symptoms requiring a higher level of care than was available at Georgetown Community Hospital. She had difficulty walking, had severe back pain and leg numbn[...]

Virginia Appellate Court Applies Continuing Treatment Rule In Reinstating Medical Malpractice Case

January 24, 2025

Renee Jauregui filed a complaint in Fairfax County Circuit Court on June 30, 2021, asserting a medical malpractice claim against Dr. Shannon J. Cothran and Capital Women’s Care, LLC. Jauregui alleged that she informed Dr. Cothran of a lump in her breast during four pregnancy-related visits with Dr[...]

Bill Introduced In Maryland House of Delegates To Repeal Cap On Noneconomic Damages

January 23, 2025

On January 8, 2025, House Bill 113 was introduced and read for the first time, which if passed by the Maryland Legislature and signed into law by the Maryland Governor, would repeal Maryland’s cap on noneconomic damages in medical malpractice cases and other personal injury cases. The current [...]

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