federal medical malpractice lawyers Archives - Medical Malpractice Lawyers

Federal Appellate Court Vacates Loss Of Homemaker Services Award In FTCA Medical Malpractice Case

July 27, 2026

Lucia Urizar-Mota (“Urizar-Mota”), a homemaker and mother of four, filed a medical negligence claim pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671–80, alleging that her doctors and nurse practitioner atProvidence Community Health Center (R[...]

U.S. Supreme Court Rules Delaware’s Medical Malpractice Affidavit Law Does Not Apply In Federal Court

January 21, 2026

Background Facts While on a trip to Delaware, Harold Berk fell out of bed. According to his complaint, he was taken by ambulance toa hospital owned by Beebe Medical Center, Inc., where an X ray revealed a fractured ankle. Dr. Wilson Choy recommended that Berk be fitted with a protective boot. The fi[...]

Federal Appellate Court Affirms Medical Malpractice Lawsuit Filed Too Late Under Federal Tort Claims Act

October 31, 2025

On July 26, 2016, Melissa Allen suffered multiple seizures at her home. She was brought to Lowell General Hospital (“LGH”) emergency room and later admitted to the hospital. The hospital staff determined that Allen was seven months pregnant and suffering from severe hypertension. Dr. Roc[...]

Federal Appellate Court Affirms Dismissal Of Federal Medical Malpractice Case For Failure To Comply With FTCA Presentment Requirement

July 7, 2024

John Puetz, a 62-year-old Army veteran, underwent total knee replacement surgery at the VAMC on January 2, 2020. Following the procedure, Puetz retained Jeffrey N. Hanson, M.D., an independent orthopedic surgeon, to review his medical records. Hanson opined that the VAMC’s surgical team’s treatm[...]

Federal Appellate Court Affirms Dismissal Of Removed State Medical Malpractice Case For Failure To Comply With Federal Law

June 13, 2024

Dwan and Aaron Bray filed a medical malpractice lawsuit in state court individually and on behalf of their minor child, N.B., against Dr. Timothy J. Thress and various medical entities and actors. Plaintiffs sought damages stemming from defendants’ negligence as to Dwan Bray’s pre-natal care and[...]

Federal Appellate Court Clarifies Jurisdictional Filing Requirements For Medical Malpractice Claims Under Federal Tort Claims Act

May 24, 2024

The United States Court of Appeals for the Fourth Circuit (“Federal Appellate Court”) held in its March 12, 2024 published opinion: “Plaintiffs brought this action against the United States pursuant to the Federal Tor Claims Act (“FTCA”), asserting negligence, wrongful death, a[...]

Federal District Court Finds United States Entitled To Charitable Immunity Cap In Massachusetts Medical Malpractice Case

September 5, 2023

Underlying Facts United States Entitled To Charitable Immunity Cap In Massachusetts Malpractice Case: Since at least 2012, Paula Meador was a patient at Greater Gardner Community Health Center (“GGCHC”), which is located in Worcester County, Massachusetts. GGCHC is a location of Community Health[...]

Medical Mistreatment Of Women In ICE Detention

August 21, 2023

Medical Mistreatment Of Women In ICE Detention: The Permanent Subcommittee on Investigations of the United States Senate issued a Staff Report on November 15, 20922 entitled “Medical Mistreatment of Women in ICE Detention” which stated, in part: In May 2021, the Permanent Subcommittee on[...]

Federal Appellate Court Holds Baby, Mother Entitled To Separate Noneconomic Damages Cap In California Birth Injury Case

July 27, 2023

Court Holds Baby, Mother Entitled To Separate Noneconomic Damages Cap In California Birth Injury Case: At the time a federal medical malpractice birth injury case arose, section 3333.2(a) of the California Civil Code provided that “[i]n any action for injury against a health care provider based on[...]

$30M Medical Malpractice Award Involving Tripler Army Medical Center, Hawaii

May 28, 2023

$30 Million Dollar Award Involving Army Medical Center: On May 22, 2023, a federal judge in Hawaii awarded $29,479,308 in a federal medical malpractice lawsuit involving the deficient medical care provided to a one-month-old baby who was brought to the Tripler Army Medical Center’s emergency r[...]

Federal Court Rejects Medical Malpractice Claim Against The United States

February 6, 2023

Woman fails to establish her claims against the United States: A federal judge held, following a recent bench trial, that a San Diego woman failed to establish her claims of medical malpractice and medical battery against the United States. Instead, the court found that the evidence at trial “over[...]

Federal Appellate Court Holds That Prior Pending Action Doctrine Misapplied In Federal Medical Malpractice Case In Puerto Rico

May 3, 2022

The United States Court of Appeals for the First Circuit (“Federal Appellate Court”) stated in its February 25. 2022 opinion in a Puerto Rico federal medical malpractice case that the United States District Court had dismissed: “This appeal requires us to examine the framework go[...]

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