medical malpractice laws Archives - Page 3 of 5

Tennessee Appellate Court Revives Dismissed Tennessee Medical Malpractice Case

October 23, 2016

In its opinion filed on October 19, 2016, the Court of Appeals of Tennessee at Jackson (“Appellate Court”) ruled that the trial court had improperly dismissed the plaintiffs’ Tennessee medical malpractice case when it erroneously determined that the parties to the plaintiffs’[...]

West Virginia Supreme Court Says Two-Year Statute Of Limitations In Medical Malpractice Cases Begins To Run On Date Of Death For Incompetent Victims

June 2, 2016

In its opinion filed on May 19, 2016, the Supreme Court of Appeals for West Virginia (“West Virginia Supreme Court”) held that the tolling provisions of the general disability savings statute apply to a medical malpractice cause of action brought by a personal representative. In the cas[...]

Illinois Appellate Court Discusses Interplay Of Three Statutes In Medical Malpractice Case

April 17, 2016

In its decision filed on March 25, 2016, the Illinois First District Appellate Court (“Appellate Court”) discussed the interplay among three relevant statutes in an Illinois medical malpractice case. The Appellate Court ultimately held that the relation back doctrine applied so the wron[...]

ABA Opposes Federal Cap On Medical Malpractice Damages

April 5, 2016

In a letter dated March 21, 2016 from the American Bar Association (“ABA”) addressed to the Chairman of the U.S. House of Representatives Committee on the Judiciary and to the Ranking Member of the Committee, the ABA expressed its opposition to H.R. 4771, the “Help Efficient, Acc[...]

Florida Appellate Court Upholds Defendants’ Ex Parte Communications With Medical Malpractice Plaintiffs’ Health Care Providers

July 24, 2015

In its opinion filed on July 21, 2015, the District Court of Appeal First District, State of Florida (“Appellate Court”) upheld certain 2013 amendments to the medical malpractice presuit notice sections of the Florida Statutes (Sections 766.106 and 766.1065) that allow for presuit ex p[...]

Today’s 1,600th Consecutive Daily Blog Posting

July 8, 2015

Today’s blog posting is our 1,600th consecutive daily posting. In reflecting back on our previous 1,599 medical malpractice lawyers’ blog postings, we note several underlying trends: Medical Malpractice Lawyers Are The Dedicated Warriors For Medical Malpractice Victims We have reported[...]

Kansas Supreme Court Affirms Summary Judgment For Radiologist In Medical Malpractice Case

April 2, 2015

In its opinion dated March 27, 2015, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) had to decide whether the Kansas medical malpractice plaintiff had provided sufficient evidence of causation to survive summary judgment in a case where it was alleged that the defen[...]

Wisconsin Lawmaker Seeks To Help Parents Of Adult Children Who Die As A Result Of Medical Malpractice

January 5, 2015

Wisconsin, like many U.S. states, specifies which relatives of those who die as a result of the negligence of others, including medical malpractice, may seek and obtain compensation for their losses. While it is said that there is no greater pain than the pain associated with the death of one&#[...]

“Medical Malpractice Reforms Are Necessary To Contain Health Care Costs” … Really?

December 16, 2014

The current mantra of medical malpractice tort reformers is that medical malpractice reforms (i.e., limiting or eliminating the right of innocent victims of medical negligence to obtain fair and just compensation for their serious and often permanent injuries and losses) are “necessaryR[...]

Louisiana Appellate Court Reverses Medical Malpractice Defense Verdict In Loss Of Chance Of Better Outcome Case

December 2, 2014

On November 25, 2014, the Louisiana Court of Appeal Fifth Circuit (“Appellate Court”) issued its opinion in a Louisiana medical malpractice case that reversed a defense verdict, finding that the plaintiff had proved by a preponderance of the evidence that he had a chance of a better m[...]

New Jersey Supreme Court Considers Doctor’s Duty To Disclose Lack Of Medical Malpractice Insurance

October 30, 2014

On October 20, 2014, the New Jersey Supreme Court heard oral arguments in a case that may decide if New Jersey physicians are under a duty to disclose to their patients that they do not have medical malpractice insurance coverage for the procedure being performed, and whether a surgical center where[...]

Kentucky Medical Malpractice Case Alleging False HIV Test Result Was Filed Too Late

September 21, 2014

A Circuit Court judge in Kentucky has entered summary judgment against a man with regard to his Kentucky medical malpractice lawsuit filed against the University of Kentucky Medical Center that alleged that the plaintiff was falsely told in 2004 that he was HIV positive. The Kentucky medical malp[...]

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Tag: medical malpractice laws