In a case decided by the United States Court of Appeals for the Tenth Circuit (“Federal Appellate Court”) on July 17, 2020, the plaintiff had settled a medical malpractice lawsuit with the defendant orthopedic surgeons and physician assistants (“PAs”) but… Read More
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Michigan Appellate Court Allows Evidence Of Drunk Driving In 1997 In Recent Medical Malpractice Trial
The State of Michigan Court of Appeals (“Michigan Appellate Court”) recently affirmed in an unreported opinion that the trial judge in a Michigan medical malpractice case properly allowed testimony about the plaintiff driving drunk during a motor vehicle accident in… Read More
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West Virginia Supreme Court Rejects Wrongful Conduct Rule In Pill Mill Case
The Supreme Court of Appeals of West Virginia (“West Virginia Supreme Court”) recently ruled that the so-called wrongful conduct rule does not apply in an alleged pill mill case in West Virginia that was brought by the plaintiffs who alleged that the defendants were responsible… Read More
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New Jersey Supreme Court Discusses Jury Instructions In Medical Malpractice Cases
On May 20, 2014, the Supreme Court of New Jersey (“Supreme Court”) discussed at length the required instructions to be given to a medical malpractice jury where a physician allegedly breached the duty of care by failing to protect a… Read More
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Contributory Negligence Dooms Maryland Jury’s $1.765M Actos Award
On September 26, 2013, after less than one day of jury deliberations following four weeks of trial, a Baltimore jury calculated its award in the total amount of $1,765,000 in favor of the plaintiffs in their product liability lawsuit against the large pharmaceutical… Read More
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150th Consecutive Daily Blog (And Counting)
Today’s blog represents the 150th consecutive daily entry appearing in this blog. Over 500 hours have been devoted to researching and writing the blogs that have appeared here. We have addressed the official statistics regarding medical malpractice claims in the U.S. (March… Read More
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A Brief History And The Current Status Of “Comparative Negligence” And “Contributory Negligence”
The legal doctrines known as comparative negligence and contributory negligence deal with the relative fault of the parties to a personal injury claim. The contributory negligence doctrine means that a plaintiff (the person making a personal injury claim) who fails… Read More
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MARYLAND MEDICAL MALPRACTICE LAWS – CONTRIBUTORY NEGLIGENCE
A bill has been introduced in the Maryland General Assembly during the 2011 Session to entrench the affirmative defense of contributory negligence in Maryland. In general terms, contributory negligence is conduct on the part of the injured person which falls… Read More
