medical malpractice expert testimony Archives

Maryland Appellate Court Discusses Related Specialties, Informed Consent, Internal Rule As Standard Of Care In Maryland Medical Malpractice Cases

May 15, 2024

In a published opinion of the Appellate Court of Maryland filed on March 1, 2024, the appellant was seen in the emergency room with complaints of her right foot being cool and pale, with symptoms increasing when leg elevated. The emergency medicine doctor found pedal pulses but ankle brachial index [...]

Nebraska Supreme Court Says Plaintiffs’ Experts In Birth Injury Medical Malpractice Case Not Qualified To Offer Opinions

June 28, 2023

Experts In Birth Injury Case Not Qualified To Offer Opinions: The Nebraska Supreme Court stated in its opinion filed on May 5, 2023 in a birth injury medical malpractice case, “the burden is on the proponent of standard-of-care testimony to demonstrate that the expert is familiar with the cust[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Maryland Appellate Court Affirms Plaintiff’s Expert’s Testimony Properly Excluded In Birth Injury Case

September 23, 2022

Court Affirms Plaintiff’s Expert’s Testimony Properly Excluded: The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, affirmed in its unreported opinion dated September 14, 2022 that “while a sufficient fac[...]

Alabama Supreme Court Overturns Medical Malpractice Plaintiff’s Verdict Because Expert Not Qualified

February 22, 2020

The Supreme Court of Alabama (“Alabama Supreme Court”), in its opinion dated January 10, 2020, overturned a verdict in favor of the Alabama medical malpractice plaintiff, finding that the plaintiff’s expert was not qualified: “Dr. Doblar did not give any testimony demonstrati[...]

New Jersey Appellate Court Reverses Medical Malpractice Defense Verdict Due To Trial Judge’s Errors

June 13, 2019

In its opinion dated May 15, 2019, the Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”) reversed the defense verdict in a New Jersey medical malpractice case for various errors committed by the trial judge. The New Jersey medical malpractice plaintiff allege[...]

Massachusetts Appellate Court Reverses Medical Malpractice Tribunal’s Finding In Favor Of Defendant Nursing Home

January 15, 2019

In its unpublished decision filed on January 7, 2019, the Commonwealth of Massachusetts Appeals Court (“Massachusetts Appellate Court”) reversed the Massachusetts medical malpractice tribunal’s adverse finding: “the finding of the tribunal is set aside, and a new tribunal fin[...]

Oregon Supreme Court Rules Treating Radiologists’ Testimony Regarding Imaging Studies Not Impermissible Expert Testimony

October 9, 2018

The Supreme Court of the State of Oregon (“Orgeon Supreme Court”) held in its opinion filed on August 23, 2018 that the questions that the Orgeon medical malpractice plaintiff asked two radiologists employed by the defendant radiology group about what they saw in the plaintiff’s imagin[...]

Nebraska Supreme Court Finds Trial Court Properly Exercised Gatekeeper Role Regarding Medical Malpractice Expert Testimony

April 16, 2018

The Nebraska Supreme Court held in its opinion filed on March 30, 2018 that the trial court in a Nebraska medical malpractice case did not fail to perform its Daubert/Schafersman gatekeeping function by allowing certain expert testimony that led to a defense verdict. The district court had admitted,[...]

Alabama Supreme Court Affirms Summary Judgment For Defendants In Medical Malpractice Wrongful Death Case

December 14, 2017

The Supreme Court of Alabama (“Alabama Supreme Court”) narrowly affirmed summary judgment granted to the defendant hospital by the trial court in an Alabama medical malpractice wrongful death case, in its opinion filed on December 1, 2017. The Alabama Supreme Court found dispositive the [...]

South Carolina Appellate Court Reverses Directed Verdict For Physician In Lung Cancer Misdiagnosis Case

September 30, 2017

The South Carolina Court of Appeals stated in its opinion filed on September 14, 2017, “In this highly technical field, where there may not be clear markers indicating by what method a cancer spreads, it was an error of law to direct a verdict in favor of Respondents because Dr. Singer [the [...]

Georgia Appellate Court Affirms That Medical Malpractice Plaintiff Failed To Prove Causation

April 18, 2017

In its opinion filed on March 6, 2017, the Court of Appeals of Georgia Fifth Division (“Appellate Court”) held that the Georgia medical malpractice plaintiff had failed to provide sufficient expert testimony to establish that the defendants’ alleged medical negligence caused the pl[...]

Lack Of Medical Expert Doomed Maryland Medical Malpractice Plaintiffs

January 19, 2016

In its unreported decision filed on January 11, 2016, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) affirmed the trial court granting summary judgment to the Maryland medical malpractice defendants in a Maryland medical malpractice case shortly before the schedu[...]

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