is it medical malpractice? Archives - Medical Malpractice Lawyers

Some Ridiculous Medical Malpractice Laws – California, Indiana, West Virginia

October 7, 2024

California – Driver’s Personal Injury Claim Against Ambulance That Rear-Ended Him Is A Medical Malpractice Claim Francisco Gutierrez was driving on Interstate 280 when he was forced to stop. Shortly after Gutierrez stopped, Tostado, who was driving an ambulance, rear-ended him. At the ti[...]

When Is A Mistake Considered Medical Malpractice?

September 14, 2024

Everyone makes mistakes sometimes – you miss your turnoff on the highway; you leave your cellphone on the table at a restaurant; a dark sock is put in the washing machine with a load of whites; etc. Many mistakes merely cause temporary inconvenience or result in an uncomfortable laugh. Other m[...]

Florida Appellate Court Rules Claim For Injuries From Fall From Surgical Table In Medical Facility Was For Ordinary Negligence

May 5, 2022

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion dated January 26, 2022: “The complaint asserted that Bloomer sustained injuries when a surgical table collapsed underneath him while he was undergoing sedation in preparation for e[...]

Louisiana Appellate Court Finds Fall While Boarding Van Was Not Medical Malpractice

June 27, 2021

In its opinion dated June 9, 2021, the Fifth Circuit Court of Appeal State of Louisiana (“Louisiana Appellate Court”) stated: “In this personal injury case arising from Barbara Campbell’s purported fall and subsequent injuries while boarding a van to be transported from her home [...]

Texas Appellate Court Affirms That Patient’s Trip On Rug In Waiting Room Not Medical Malpractice

November 1, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) stated in its opinion filed on August 27, 2020: “A psychiatrist challenges the trial court’s denial of his motion to dismiss a patient’s claims under the Texas Medical Liability Act for failure to serve an expert r[...]

Texas Appellate Court Holds Claim Against Esthetician Was Not A Health Care Liability Claim

August 16, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) held in its Memorandum Opinion filed on July 9, 2020 that “[b]ecause Gaytan’s [plaintiff’s] claims are based on the alleged acts or omissions of an esthetician not related to a physician-patient relationship, G[...]

Texas Appellate Court Says Slip On Liquid On Floor In Hospital While Walking To Procedure Room Is A Medical Malpractice Claim

May 7, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”), in its Majority Opinion dated March 26, 2020, held that the plaintiff’s claim that the defendant hospital was negligent as a result of her fall due to a liquid on the floor was “an alleged departure from accepte[...]

Michigan Appellate Court Rules Hospital Fall Injury Claim Was Medical Malpractice Claim

August 13, 2017

The State of Michigan Court of Appeals (“Michigan Appellate Court”) ruled in its July 20, 2017 unreported decision that the plaintiff’s claim for damages for the injuries he sustained when he fell while walking to the bathroom in his hospital room was a claim for medical negligence[...]

Doctor Had An Affair With His Patient: Is It Medical Malpractice?

October 22, 2012

When a doctor has an affair with his patient, is it considered to be medical malpractice? That is the question that New York’s highest appellate court is being asked to decide in an appeal of a $416,500 medical malpractice verdict against an osteopathic physician. The parties’ appellate[...]

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