gross negligence Archives - Medical Malpractice Lawyers

Michigan Appellate Court Reverses Summary Disposition For Paramedics For Gross Negligence Claim Under EMSA

December 11, 2025

Plaintiff sued defendants, alleging that they failed to provide appropriate emergency medical services to plaintiff’s decedent, Dale Wehner. Defendants moved for summary disposition under MCR 2.116(C)(7) and (10), arguing,among other things, that plaintiff’s claims were barred by the statutory i[...]

Georgia Appellate Court Affirms Medical Malpractice Defense Verdict

November 9, 2025

Robert J. Smith and Henry J. Smith, as surviving sons of Barbara Smith and personal representatives of her estate, filed a Georgia medical malpractice action against Phillipe Gadegbeku, M.D., Nabil Muhanna, M.D., and their respective employers. The Plaintiffs alleged the Defendants failed to provide[...]

Arizona Supreme Court Rules COVID-19 Immunity Statute Unconstitutional

October 29, 2025

The Supreme Court of the State of Arizona stated in its September 12, 2025 Opinion: “This case requires us to determine whether A.R.S. § 12-516(A) violates the Arizona Constitution’s anti-abrogation clause by barring claimsfor ordinary negligence but allowing claims for wilful misconduct or[...]

Federal Appellate Court Affirms Medical Malpractice Expert Disqualified Under State Law

September 29, 2025

After suffering severe complications from contracting influenza H1N1, Manuel Moreno filed a lawsuit against two dozen medical providers and other individuals working at the North Carolina prison where he was incarcerated at the time he fell ill. The claims against all but one of those defendants wer[...]

North Carolina Appellate Court Reinstates Mental Health Malpractice Lawsuit

August 21, 2021

In January 2017, Oliver Funez was involuntarily committed to a public hospital in Chapel Hill, North Carolina for six weeks where he was treated by Defendant Brian Robbins and other medical staff. Prior to his admission to the hospital, Oliver had displayed violent and aggressive behavior, manifeste[...]

Georgia Appellate Court Holds Gross Negligence Standard Applies To Shoulder Dystocia Injury During Delivery

November 15, 2020

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its opinion dated October 23, 2020 in a Georgia medical malpractice birth injury case where the baby suffered injuries due to shoulder dystocia that occurred during labor and delivery: “Because the injury took plac[...]

Maryland Appellate Court Affirms Summary Judgment For Paramedic And EMT In Wrongful Death Case

June 19, 2020

In its unreported opinion dated June 17, 2020, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, affirmed the trial court’s grant of summary judgment to the defendant paramedic and defendant EMT and their employer [...]

Massachusetts Appellate Court Affirms Gross Negligence Finding In Medical Malpractice Case

March 25, 2020

The Massachusetts Appeals Court, in its opinion filed on February 26, 2020, stated in a hiatal hernia surgical repair medical malpractice wrongful death case: “In denying the defendants’ request for new trial or judgment notwithstanding the verdict, the judge found that the jury’s [...]

Maryland Court Of Appeals Finds No Gross Negligence By Baltimore City Paramedics, Overturns $3.7M Verdict

August 17, 2019

The Court of Appeals of Maryland (“Maryland Appellate Court”), Maryland’s highest appellate court, held in its opinion filed on August 16, 2019 that the two Baltimore City paramedics who were the defendants in a Baltimore wrongful death action “were not grossly negligent in t[...]

Maryland Appellate Court Reinstates $3.7M Gross Negligence Verdict Against Baltimore EMTs

October 25, 2018

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), in its unreported opinion filed on October 1, 2018, reinstated a $3,707,000 verdict in favor of the estate of a man who died from a myocardial infarction (heart attack) that the Baltimote medical malpractice jury had [...]

Georgia Appellate Court Affirms $4.5M Gross Negligence Medical Malpractice Verdict Involving Paraplegia

October 16, 2018

On September 28, 2018, the Court of Appeals of Georgia Fourth Division (“Georgia Appellate Court”) affirmed a $4.5 million Georgia medical malpractice jury verdict, finding that the defendants failed to provide the plaintiff with proper medical treatment while he was in the emergency dep[...]

Texas Appellate Court Discusses “Wilful And Wanton Negligence” Requirement In Emergency Care Medical Malpractice Cases

March 29, 2018

The Court of Appeals Second District of Texas Fort Worth (“Texas Appellate Court”) held in its Memorandum Opinion delivered on March 8, 2018 that the trial court erred by granting summary judgment on the Texas medical malpractice defendants’ no-evidence motion for summary judgment [...]

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Tag: gross negligence