intervening cause Archives - Medical Malpractice Lawyers

New York Appellate Court Affirms Denial Of Summary Judgment For Urgent Care Medical Malpractice Defendants

August 3, 2025

Plaintiffs filed their New York medical malpractice action seeking damages for injuries that Donald Scott (plaintiff) allegedly sustained as a result of the failure of the defendants, Theresa Mellas, P.A. and MedFirst Urgent Care, PLLC, doing business as MASH Urgent Care (MASH Urgent Care), to timel[...]

Maryland Appellate Court Discusses Intervening And Superseding Causation In Affirming Medical Malpractice Defense Verdict

October 14, 2022

Court Discusses Intervening And Superseding Causation: Intervening Cause Section 441 of the Restatement (Second) of Torts defines an intervening force as a force “which actively operates in producing harm to another after the actor’s negligent act or omission has been committed.” Importantly, [...]

Mississippi Supreme Court Overturns Medical Malpractice Verdict For Failure To Provide Intervening/Superseding Cause Instruction

December 12, 2020

The Supreme Court of Mississippi in its opinion dated November 19, 2020 held: “Both Dr. Ilercil and Williams presented evidence that Nurse Howard was negligent by failing to contact Dr. Ilercil after she observed Williams’s rapidly declining condition, the signs of which Dr. Ilercil had spec[...]

North Carolina Appellate Court Discusses Intervening Cause In Upholding Medical Malpractice Defense Verdict

March 11, 2020

The Court of Appeals of North Carolina (“North Carolina Appellate Court””) held in its opinion dated January 21, 2020: “even if a third-party is not a party at trial, an instruction on intervening negligence may be given if the evidence at trial shows that the third-party’s[...]

Maryland Appellate Court Discusses Effect Of Non-Party Subsequent Treating Physicians’ Negligence In Medical Malpractice Case

May 26, 2017

In a case decided on May 24, 2017, the Court of Appeals of Maryland (“Court of Appeals”), Maryland’s highest court, held: ” … a defendant generally denying liability may present evidence of a non-party’s negligence and causation as an affirmative defense. It was not [...]

Indiana Appellate Court Says Parent’s Contributory Negligence Cannot Be Imputed To Child In Medical Malpractice Cases

November 25, 2016

The Court of Appeals of Indiana (“Appellate Court”) held in a case it decided on November 18, 2016 that the contributory negligence of the parent of a child cannot be imputed to the child in the child’s medical malpractice claim against a health care provider. In general, Indiana c[...]

New Jersey Supreme Court Discusses Jury Instructions In Medical Malpractice Cases

May 27, 2014

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 patient with a history of alcohol and drug abuse from s[...]

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