medical malpractice laws Archives - Page 4 of 5

Why We Must Treat Doctors Like Professional Truck Drivers When They Harm Other People

July 7, 2014

Professional truck drivers receive specialized training before they are allowed to perform their job, and they gain necessary practical experience as they continue to accumulate miles over the years – the more they drive and the more experience they acquire, the more competent they become. Pro[...]

Tennessee Supreme Court Allows Medical Malpractice Lawsuit Despite Failure To Strictly Comply With Pre-Suit Notice Requirement

April 30, 2014

In its decision issued on April 24, 2014, the Supreme Court of Tennessee (“Tennessee Supreme Court”), which is Tennessee’s highest court, ruled that a medical malpractice plaintiff had substantially complied with Tennessee’s statutory pre-suit notice requirement for Tennessee[...]

Tennessee Appeals Court Finds Substantial Compliance By Medical Malpractice Plaintiff

March 30, 2014

In its written opinion filed on March 28, 2014, the Court of Appeals of Tennessee at Knoxville (“Appeals Court”) decided an appeal in which the issue was “whether the Plaintiff failed to strictly comply with the pre-suit notice requirement that the affidavit of service of the writt[...]

Virginia Medical Malpractice Law Says A Fetus Is A Patient

February 21, 2014

In an opinion filed on January 10, 2014, a Virginia appellate court held that a fetus who was injured in the womb due to alleged medical malpractice is considered a “patient” and therefore her medical malpractice claim arose under Virginia’s Medical Malpractice Act, Code Sections 8[...]

This Is Our 1,000th Consecutive Daily Blog

November 28, 2013

Today, we proudly celebrate our 1,000th consecutive daily blog — we began daily blogging on March 5, 2011. Along the way, we have attempted to provide information that educates, illustrates, and explains the varied issues involving medical malpractice and health care in the United States. [...]

Indiana Medical Malpractice Lawsuit Against Doctor Who Treated Woman Who Caused Car Accident

September 1, 2013

On August 8, 2013, the Indiana Supreme Court revived a medical malpractice lawsuit filed by a woman who was injured as result of a car collision that named as the medical malpractice defendant the personal physician of the other woman who had caused the serious, head-on collision (“the to[...]

Georgia Supreme Court To Review Emergency Medical Care Gross Negligence Standard

July 2, 2013

In case a before the Supreme Court of Georgia that is scheduled for oral argument today, the parents of a 15-year-old who died as a result of pulmonary embolism despite being seen in a hospital emergency room two weeks earlier brought a medical malpractice claim against the emergency room physicia[...]

Tennessee Supreme Court Finds Medical Malpractice Case Was Filed Too Late

May 10, 2013

In a May 9, 2013 decision by the Supreme Court of Tennessee (“Tennessee Supreme Court”), the Court held that the parents of a child who died allegedly as a result of medical negligence in a county hospital filed their medical malpractice case too late and therefore were precluded fr[...]

Arizona Supreme Court Defines “Specialist” In Medical Malpractice Context

April 9, 2013

On March 12, 2013, the Supreme Court of Arizona (“Arizona Supreme Court”) filed its opinion in a case that defined what a “specialist” is under Arizona law in the medical malpractice context. The definition of “specialist” is important because Arizona law (A.R.S[...]

Today’s Blog Celebrates Two Years Of Consecutive Daily Blogging

March 4, 2013

Today we have reached the milestone of two years of consecutive daily blog postings. Tomorrow, we start our third year and we look forward to keeping our readers current with regard to medical malpractice issues and interesting relevant medical news. We have learned a lot while researching the t[...]

Kansas Supreme Court Upholds Damages Cap In Medical Malpractice Cases

October 6, 2012

In its opinion published on October 5, 2012, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) upheld Kansas’ $250,000 cap on noneconomic damages in medical malpractice cases as constitutional. The case is captioned Miller v. Johnson, Case No. 99,818 (“Mille[...]

Hospital Medical Providers: Are They Employees Or Independent Contractors?

October 3, 2012

Many people who receive medical care in a hospital in the United States are often unaware that one or more of the individuals who provide them with treatment, care, and services are not employees of the hospital but instead are “independent contractors.” The relationship of the medical[...]

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Tag: medical malpractice laws