The Court of Appeals of the State of Kansas (“Kansas Appellate Court”), in its opinion dated September 25, 2020, discussed the requirements for medical malpractice claims and informed consent claims in Kansas. Kansas Medical Malpractice Claims To establish medical malpractice… Read More
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North Carolina Appellate Court Allows Medical Malpractice Plaintiff To Amend Her Complaint To Comply With Rule 9(j)
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… Read More
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Kentucky Supreme Court Rules Medical Review Panel Act Unconstitutional
In its opinion filed on November 15, 2018, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that the Kentucky Medical Review Panel Act that was enacted in 2017 “delays access to the courts of the Commonwealth for the adjudication… Read More
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Wrongful Pregnancy Medical Malpractice Claims
A wrongful pregnancy medical malpractice claim, which is sometimes called a wrongful conception claim, is brought by “parents of a normal but unplanned child [seeking] damages either from a physician who allegedly was negligent in performing a sterilization procedure or… Read More
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Maryland Court Of Special Appeals Discusses Frye-Reed Test In Affirming Maryland Medical Malpractice Verdict
The Court of Special Appeals of Maryland (“Maryland Appellate Court”), which is Maryland’s intermediate appellate court, affirmed a Maryland medical malpractice wrongful death verdict in its opinion filed on August 29, 2018. The Underlying Facts The decedent was admitted to… Read More
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Connecticut Supreme Court Nixes Medical Malpractice Case Against State Mental Health Facility For Patient’s Murder Of His Mother
In its opinion released on August 14, 2018, the Connecticut Supreme Court held that the trial court properly granted the defendant’s motion to strike the plaintiff’s complaint, as that court lacked jurisdiction over the plaintiff’s action because it was undisputed… Read More
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Missouri Supreme Court Affirms Dismissal Of Medical Malpractice Case For Failure To File Affidavit Of Merit
The Supreme Court of Missouri (“Missouri Supreme Court”) held in its en banc opinion issued on May 1, 2018 that the Missouri medical malpractice plaintiff’s case was properly dismissed because she failed to file any affidavit of merit, not because… Read More
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Florida Supreme Court Discusses What Is, And Is Not, A Medical Malpractice Claim
The Supreme Court of Florida (“Florida Supreme Court”) held in its opinion filed on April 26, 2018: “In accordance with the Legislature’s definition of medical malpractice and this Court’s relevant case law, we hold that for a claim to sound… Read More
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Florida Supreme Court Overturns Medical Malpractice Defense Verdict For Improperly Admitted Expert Testimony
A deeply-divided Supreme Court of Florida (“Florida Supreme Court”) overturned a defense verdict in a Florida medical malpractice case on April 26, 2018, holding that the trial court erred by admitting the treating physician’s deposition testimony regarding how he would… Read More
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Georgia Supreme Court Holds Ordinary Negligence Jury Instruction Improper In Medical Malpractice Case
The Supreme Court of Georgia (“Georgia Supreme Court”) held in its opinion filed on March 5, 2018 that a very strong case of medical malpractice does not become a case of ordinary negligence simply due to the egregiousness of the… Read More
