informed consent Archives - Page 2 of 5 - Medical Malpractice Lawyers

Washington Appellate Court Reverses Summary Judgment In Informed Consent Medical Malpractice Case

August 7, 2021

The Court of Appeals of the State of Washington (“Washington Appellate Court”) held in its published opinion filed on July 12, 2021: “Viewed in the light most favorable to Davies, as we must, her experts agree that had she undergone a CTA, she would have been diagnosed with a verte[...]

California Appellate Court Discusses Informed Consent In Gastric Surgery Case

February 25, 2021

The Court of Appeal of the State of California Second Appellate District Division Two (“California Appellate Court”) stated in its published opinion filed on January 28, 2021 that a physician violates his duty of care to a patient if he recommends a course of treatment (1) when the recom[...]

New York Appellate Court Affirms Summary Judgment For Anesthesiologist In Delayed Rendering Of Anesthesia Claim

August 14, 2019

The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) held in its Memorandum and Order entered on June 7, 2019: “We reject plaintiffs’ contention that the affidavit of their expert raised triable issues of fact suff[...]

Pennsylvania Supreme Court Allows Evidence Of Risks Of Surgery In Medical Malpractice Cases

June 20, 2019

In its decision filed on June 18, 2019, the Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”) stated in a medical malpractice appeal, “While evidence that a specific injury is a known risk or complication does not definitively establish or disprove negli[...]

New Jersey Appellate Court Affirms Defense Win In Medical Malpractice Informed Consent Case

March 6, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Apellate Court”) held in its unpublished opinion dated February 14, 2019 in a New Jersey medical malpractice case in which the plaintiff alleged that he had not given his consent for the surgery that the defendant surgeon p[...]

Texas Appellate Court Rules Plaintiff Adequately Alleged Medical Battery Claim

November 28, 2018

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion issued on October 25, 2018: “We agree with appellees that their live pleading sufficiently pleads a claim for medical battery because it includes allegations that [the defendant oncologis[...]

How To Avoid Becoming A Medical Malpractice Victim – Part I: Ask Questions Until You Understand

September 25, 2018

This blog posting is the result of what we have learned after many years of assisting medical malpractice victims throughout the United States find local medical malpractice lawyers willing to investigate the reasons why they experienced unexpected and harmful results from medical treatment. Not all[...]

Iowa Supreme Court Rules Surgeon’s Experience May Be Relevant To Lack Of Informed Consent Claim

July 16, 2018

The Supreme Court of Iowa (“Iowa Supreme Court”) held in its opinion filed on June 15, 2018 that “[t]he duty to disclose under Iowa’s informed-consent law turns on whether a reasonable person in the patient’s position would consider the information at issue to be material to th[...]

Texas Supreme Court Reverses $1.9M Medical Malpractice Verdict Where Inexperienced Resident Injured Patient During Surgery

June 15, 2018

The Supreme Court of Texas (“Texas Supreme Court”) issued an opinion on May 25, 2018 that overturned a $1.9 million Texas medical malpractice verdict because the issues of whether the defendant attending surgeon was negligent in involving and supervising an inexperienced resident surgeon[...]

Federal Appellate Court Holds Alabama Medical Malpractice Law Requires Actual Injury For Informed Consent Claim

April 14, 2018

The United States Court of Appeals for the Eleventh Circuit (“Federal Appellate Court”) held in its opinion filed on March 30, 2018 that Alabama law requires that there be an actual injury caused by the treatment in order for a plaintiff who claims that he did not give informed consent t[...]

Mississippi Supreme Court Reverses Summary Judgment For Defendant Physicians On Lack Of Consent Claim

October 2, 2017

In it opinion filed on September 14, 2017, the Supreme Court of Mississippi (“Mississippi Supreme Court”) reversed summary judgment that was granted to the defendant physicians in a Mississippi medical malpractice case where the lack of the plaintiff’s consent to a surgical procedu[...]

New Jersey Appellate Court Holds That Subsequent Treating Physician Cannot Testify As To Standard Of Care

September 2, 2017

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) held in its decision filed on August 15, 2017 that medical malpractice defendants may not use the plaintiff’s treating doctors to provide expert testimony relating to deviation from the standard o[...]

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Tag: informed consent

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