The Superior Court of Pennsylvania (“Pennsylvania Appellate Court”), in its opinion dated July 20, 2020, vacated the jury’s verdict in favor of the defendant anesthesiologist and remanded the case for a new trial, because the trial court erred to refusing… Read More
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New York Appellate Court Grants New Trial To Medical Malpractice Plaintiff, Stating Emergency Doctrine Did Not Apply
The Supreme Court of the State of New York Appellate Division: Second Judicial Department held in its Decision & Order dated December 12, 2018: “[u]nder the circumstances presented, we disagree with the Supreme Court’s determination to instruct the jury on… Read More
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Florida Supreme Court Holds Medical Malpractice Defendant’s Negligence Need Only Be A Substantial Cause Of The Plaintiff’s Harm
The Supreme Court of Florida (“Florida Supreme Court”) held in its opinion filed on December 20, 2018: “Our medical malpractice jurisprudence makes clear that a physician may be the proximate cause of a patient’s injury even if that physician is… Read More
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Michigan Appellate Court Reverses Medical Malpractice Defense Win For Anesthesiologist
The State of Michigan Court of Appeals (“Michigan Appellate Court”) ruled in its opinion filed on August 24, 2017 that the trial judge in a Michigan medical malpractice case had overstepped his gatekeeping role and had instead intruded on the jury’s… Read More
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Washington State Medical Malpractice Verdict In Favor Of Anesthesiologist
On June 24, 2013, a Washington State medical malpractice jury deliberated for less than two hours before finding in favor of the defendant anesthesiologist in a medical malpractice lawsuit that alleged that the anesthesiologist was negligent in his care of… Read More
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Maine Medical Malpractice Verdict For Defendant Anesthesiologist
After six days of trial and three and a half hours of jury deliberations, a Maine medical malpractice jury returned a verdict in favor of the defendant anesthesiologist. The patient sued the anesthesia practice that employed the anesthesiologist as well as… Read More
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New Jersey Medical Malpractice Appellate Decision On Burden Of Proof
A decision was reached on September 24, 2012 in a New Jersey medical malpractice case that was appealed from the Superior Court of New Jersey. The case involved the issue of whether the trial judge properly permitted the burden of… Read More
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The Impact Of Anesthesia Medical Malpractice On Practitioners
In an article published in the March, 2012 issue of the journal Anesthesia & Analgesia, the results of a survey sent to 1,200 randomly selected members of the American Society of Anesthesiologists, of which 659 completed and returned the survey, found that 84% of the… Read More