common knowledge exception Archives - Medical Malpractice Lawyers

Ohio Appellate Court Applies Common Knowledge Exception In Reviving Medical Malpractice Claims Involving Neck Surgery

March 14, 2026

In January 2022, Colleen Reilly underwent spinal surgery while in the care of Dr. Farbod Rastegar, an orthopedic spine surgeon at Atrium Medical Center. Reilly’s surgical procedure was an anterior cervical discectomy and fusion (“ACDF”), which involved the placement of a cervical interbody imp[...]

New Jersey Appellate Court Affirms Common Knowledge Exception Did Not Apply In Surgical Malpractice Case

January 20, 2025

The pro se medical malpractice plaintiffs in a New Jersey medical malpractice case alleged that the defendant medical professionals deviated from the standard of care by failing to postpone surgery and obtain cardiac clearance given plaintiff’s pre-existing conditions, failing to conduct perti[...]

Kansas Supreme Court Tie Vote Benefits Medical Malpractice Plaintiffs

May 25, 2024

Jeannine Williams-Davidson went to Stormont-Vail Hospital in Topeka to have an adrenal gland removed, but Dr. Nason Lui removed part of her pancreas instead. Another procedure and an extended hospital stay were required. Thehospital allegedly charged Williams-Davidson for both surgeries, her extra h[...]

Kansas Appellate Court Reinstates Medical Malpractice Case Against Surgeon Who Removed Wrong Organ

October 10, 2023

Jeannine Williams-Davidson underwent surgery to remove her left adrenal gland at Stormont-Vail Hospital. The surgeon who performed the operation misidentified her pancreas as her adrenal gland and removed a portion of the pancreas instead. Jeannine required further surgery and ongoing medical treatm[...]

South Carolina Appellate Court Reverses Directed Verdict For Defendants In Medical Malpractice Case

June 1, 2023

Court Reverses Directed Verdict: In South Carolina medical malpractice actions, the plaintiff must use expert testimony to establish both the required standard of care and the defendant’s failure to conform to that standard, unless the subject matter lies within the ambit of common knowledge a[...]

Nevada Supreme Court Holds Nurse’s Negligence In Administering Drug To Wrong Patient Is Ordinary Negligence

August 20, 2020

The Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated in its opinion filed on July 9, 2020: “we consider whether a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a different patient, as well as the alleged failure to[...]

New Jersey Supreme Court Refuses To Apply Common Knowledge Exception In Medical Malpractice Case

May 8, 2020

New Jersey’s Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, requires plaintiffs alleging medical malpractice against a licensed professional to include an affidavit from a medical expert in their filing. The affidavit must provide that there exists a reasonable probability the standard[...]

New Jersey Appellate Court Applies Common Knowledge Exception To Revive Medical Malpractice Case

September 24, 2018

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) decided in its opinion published on September 6, 2018 that the “common knowledge” exception relieved the New Jersey medical malpractice plaintiffs of the obligation to serve an affidavit of mer[...]

Kentucky Appellate Court Applies Common Knowledge Exception To Expert Testimony In Stroke Misdiagnosis Medical Malpractice Case

August 4, 2017

NOTE: THE FOLLOWING KENTUCKY COURT OF APPEALS CASE WAS REVERSED BY THE KENTUCKY SUPREME COURT ON AUGUST 29, 2019 In its unpublished opinion filed on July 21, 2017, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that given the ubiquity of information regar[...]

Tennessee Appellate Court Determines Claim Against EMT Did Not Require Expert’s Report

May 4, 2017

The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on May 2, 2017, that “it would be within the common knowledge of a layperson whether an EMT’s alleged negligent, reckless, or intentional striking of a patient’s face while th[...]

Tag: common knowledge exception