medical malpractice experts Archives - Medical Malpractice Lawyers

Virginia Appellate Court Rules Trial Court Did Not Err In Limiting Medical Malpractice Plaintiff’s Experts Testimony At Trial

October 22, 2025

Lindsay Sightler visited Dr. Ashley Lubecki, her OB-GYN, in September 2018 to confirm her pregnancy and because she “was concerned about a small mass . . . on the left side of [her] breast.” Dr. Lubecki “took a quick history” and referred Sightler for an ultrasound due to “a left palpable [...]

Louisiana Appellate Court Affirms Summary Judgment For Medical Malpractice Defendants Where Plaintiff Failed To Identify An Expert

April 8, 2025

On November 6, 2018, Linda George presented to Tulane University Hospital in New Orleans for gallbladder removal surgery and repair of a hiatal hernia. During surgery, her esophagus was perforated and required repair. While repairing her esophagus, Ms. George sustained a vocal cord injury. On Novemb[...]

How Do You Prove Medical Malpractice?

October 9, 2024

In general, medical malpractice occurs when a medical provider breaches the standard of care applicable under the circumstances and the breach leads to provable harm. The standard of care is generally defined as what a reasonably competent medical provider would do/not do under the circumstances. Es[...]

Arizona Supreme Court Discusses One-Expert Rule In Medical Malpractice Cases

October 2, 2022

Court Discusses One-Expert Rule In Malpractice Cases: One-Expert Rule Arizona’s One-Expert Rule in Arizona medical malpractice cases states: “Generally. Unless the parties agree or the court orders otherwise for good cause, each side is presumptively entitled to call only one retained or[...]

Maryland Appellate Court Affirms Reversal Of Nearly $1M Medical Malpractice Verdict For Expert’s Violation Of 20% Rule

October 3, 2020

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), in its unreported opinion dated October 2, 2020, stated that the issue before it was whether the Maryland medical malpractice plaintiff’s expert witness, Dr. Sanford Davne, was in compliance with the so-called �[...]

North Carolina Appellate Court Allows Medical Malpractice Plaintiff To Amend Her Complaint To Comply With Rule 9(j)

December 23, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its decision filed on December 4, 2018 that the trial court erred in dismissing the plaintiff’s medical malpractice complaint under Rule 9(j) and erred in denying her motion to amend. The Underlying N[...]

Maryland Appellate Court Affirms Dismissal Of Maryland Medical Malpractice Case Due To Untimely Expert Certificate And Report

September 11, 2018

In its unreported opinion filed on August 6, 2018, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held that the Maryland medical malpractice plaintiff had failed to timely comply with the requirement in Maryland medical malpractice cases that a sufficient Certifica[...]

Maryland Appellate Court Discusses Requirements For Medical Malpractice Certificate Of Qualified Expert

July 2, 2018

The Court of Special Appeals of Maryland (“Maryland Appellate Court”) issued a reported opinion on June 28, 2018 in which it held that the failure of the Maryland medical malpractice plaintiff’s certificate of qualified expert to specifically identify the health care providers who [...]

Maryland Legislature Considering Repealing 20% Rule In Medical Malpractice Cases

March 21, 2018

The Maryland General Assembly, which is currently in session, is considering repealing the so-called “20 Percent Rule” in Maryland medical malpractice cases, which requires that medical experts not devote more than 20% of their professional activities to activities directly involving tes[...]

Alabama Supreme Court Says Medical Malpractice Plaintiff Did Not Need Expert To Prove Cold Pack Injury

February 26, 2017

In its opinion filed on February 17, 2017, the Supreme Court of Alabama (“Alabama Supreme Court”) held that a medical malpractice plaintiff who alleged that she suffered injury as a result of a cold pack applied to her leg at the defendant chiropractor’s office did not need to pro[...]

Florida Supreme Court Rejects Rule Changes To Adopt Daubert Standard, Same Specialty Experts In Medical Malpractice Cases

February 21, 2017

In its opinion filed on February 16, 2017, the Supreme Court of Florida (“Florida Supreme Court”) considered legislative changes to the Florida Evidence Code and to section 766.102, Florida Statutes (2012), and declined to adopt, to the extent they are procedural, the changes to section[...]

Maryland Appellate Court Affirms Striking Plaintiff’s Medical Malpractice Expert

October 3, 2016

In its opinion filed on September 28, 2016, the Court of Special Appeals of Maryland (“Appellate Court”), which is Maryland’s intermediate appellate court, affirmed the trial court’s striking of the plaintiff’s medical malpractice expert because the expert failed to sat[...]

1 2 »

Tag: medical malpractice experts