informed consent claim Archives - Medical Malpractice Lawyers

Pennsylvania Appellate Court Affirms Podiatrist’s Win In Medical Malpractice Case

April 27, 2021

In its non-precedential decision filed on April 9, 2021, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) held: “the trial court did not abuse its discretion in denying Appellant’s weight of the evidence claim. Appellant has waived her challenge to Dr. Boberg�[...]

Florida Appellate Court Overturns $15.6M Medical Malpractice Verdict Due To Improper Informed Consent Jury Instruction

July 11, 2019

On June 12, 2019, the District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) overturned a $15,591,619.00 Florida medical malpractice verdict against the defendant doctor, holding “the trial court erred when instructing the jury concerning infor[...]

Connecticut Appellate Court Rules Dismissed Medical Malpractice Lawsuit Containing Informed Consent Claim Wrongfully Revived

October 6, 2017

A Connecticut Appellate Court ruled in its decision filed on September 5, 2017 that the trial court erred when it improperly opened the judgment more than four months after it was rendered when no exception to the timeliness requirement existed. The Underlying Facts The plaintiff filed his complaint[...]

Boston Medical Malpractice Jury Finds Spine Surgeon Wrong To Double-Book Surgeries But Awards No Damages

March 5, 2017

A man who became quadriplegic following spine surgery won a hollow victory in his medical malpractice lawsuit against his spine surgeon when the Boston medical malpractice jury hearing his case determined on January 30, 2017 that the spine surgeon was wrong for doing two spine surgeries at the [...]

Hawaii Supreme Court Discusses Informed Consent Requirements In Medical Malpractice Case

September 7, 2016

In its opinion filed on May 3, 2016, the Supreme Court of the State of Hawai’i (“Hawaii Supreme Court”) discussed the requirements for a Hawaii physician to obtain informed consent from a patient for medical treatment, stating that the standard for a physician’s duty to disclos[...]

Nevada Supreme Court Holds That Scope Of Informed Consent Is A Medical Malpractice Claim And Therefore Requires A Medical Expert’s Affidavit

August 2, 2016

In its opinion filed on July 28, 2016, the Supreme Court of the State of Nevada (“Nevada Supreme Court”) held that in a medical malpractice claim, allegations raising the scope of informed consent rather than the absence of consent to a medical procedure, even when pleaded as a battery [...]

Texas Supreme Court Holds That Post-Mortem Fraud Claim Is A Health Care Liability Claim

June 7, 2016

In its opinion filed on May 20, 2016, the Supreme Court of Texas (“Texas Supreme Court”) determined that claims that the defendant hospital improperly obtained approval from the decedent’s widow for a private autopsy were health care liability claims. A Texas jury had decided that the [...]

Hawaii Supreme Court Discusses Expert Medical Evidence In Informed Consent Cases

May 19, 2016

In its opinion filed on May 3, 2016, the Supreme Court of the State of Hawai’i (“Hawaii Supreme Court”) discussed the nature and source of expert medical evidence required to establish a prima facie case of negligent failure to obtain informed consent. Negligent Failure To Obtain [...]

$1.5M Baltimore Medical Malpractice Verdict For Lack Of Informed Consent

May 6, 2016

A Baltimore medical malpractice jury returned its verdict in favor of the plaintiff in the amount of $1.5 million on April 29, 2016, after five days of trial and almost six hours of jury deliberations, finding that the defendant ENT had failed to obtain the plaintiff’s informed consent for a m[...]

New Study Of Orthopedic Medical Malpractice Claims

September 3, 2015

A study released on August 27, 2015 by The Doctors Company, which is the largest physician-owned medical malpractice insurance company in the United States, analyzed 1,895 medical malpractice claims made against orthopedists insured by The Doctors Company that were closed between 2007 and 2014. Th[...]

Kentucky Supreme Court Addresses Informed Consent In Medical Malpractice Cases

August 25, 2015

In its opinion filed on August 20, 2015, the Supreme Court of Kentucky (“Kentucky Supreme Court”) addressed whether the informed consent instruction given by the trial court in a Kentucky medical malpractice case correctly incorporated the applicable law so as to guide the jury accuratel[...]

Tennessee Supreme Court Overturns Medical Malpractice Informed Consent Defense Verdict

May 29, 2015

In its May 18, 2015 decision, the Supreme Court of Tennessee (“Tennessee Supreme Court”) overturned a defense verdict in a Tennessee medical malpractice case, holding that the trial court had erred by excluding the plaintiff’s expert testimony regarding undisclosed medical risks i[...]

1 2 »

Tag: informed consent claim

Talk to a Lawyer Today

Call 800-295-3959 or Contact Us