medical malpractice new trial Archives - Medical Malpractice Lawyers

Texas Supreme Court Vacates Granting Of New Trial In Medical Malpractice Case

August 10, 2026

Jose Torres suffered a severe injury to his right index finger in a bandsaw accident. Leo Lapuerta, a plastic surgeon, treated Torres. Lapuerta described the tip of the finger as “hanging by a thread.” Because of the injury’s severity, Lapuerta recommended amputation of the finger. Torres refu[...]

New York Appellate Court Orders New Trial Because Medical Malpractice Jury Erroneously Given Error In Judgment Charge

July 22, 2026

Plaintiffs commenced their New York medical malpractice action seeking damages for injuries sustained by Eric C. Burns (plaintiff) as the result of the alleged malpractice of defendant Voytek W. Sobieraj, M.D. At trial, plaintiffs’ expert testified that Sobieraj deviated from medically acceptable [...]

Pennsylvania Appellate Court Holds Medical Malpractice Plaintiff’s Improper Opening Statement Requires New Trial

November 26, 2025

On April 6, 2021, 72-year-old Ronald Lewis underwent open vascular surgery at Reading Hospital for the purpose of repairing abdominal aortic aneurisms. Dr. Robert Q. Luo performed the surgery, and soon after it was completed,Lewis reported severe pain, swelling, and discoloration in his left foot th[...]

Iowa Supreme Court Affirms New Trial Required After $97M Birth Injury Medical Malpractice Verdict

January 12, 2025

Background Facts S.K.’s mom (mom) became pregnant with her third child, S.K. Throughout her pregnancy, mom received prenatal care from Dr. Jill Goodman, M.D. (Dr. Goodman). Dr. Goodman was employed by a clinic called Obstetric & Gynecologic Associates of Iowa City and Coralville, P.C. (clinic)[...]

New York Appellate Court Reinstates Medical Malpractice Defense Verdict

December 16, 2024

Background Facts After Gretchen Revere (plaintiff) presented to her primary care physician (PCP) with numerous symptoms including the loss of taste and smell, the PCP referred plaintiff to allergist Stella M. Castro, M.D. of Asthma & Allergy Associates, P.C. (defendants). Following an initial ev[...]

Rhode Island Supreme Court Grants New Trial For Medical Malpractice Plaintiff

October 1, 2024

The plaintiff, John Armour, individually and as personal representative of the Estate of Judith Armour, appealed from the denial of his motion for a new trial following a verdict for the defendants David Bader, M.D., Neil Brandon, M.D., and South County Hospital Healthcare System d.b.a. South County[...]

California Appellate Court Overturns JNOV In Medical Malpractice Case But Does Not Reinstate $4M Verdict

June 7, 2023

Court Does Not Reinstate $4M Verdict: In its Opinion filed on April 19, 2023 in a medical malpractice wrongful death case in which the patient died shortly after having a Brazilian butt lift surgical procedure, the Court of Appeal of the State of California Second Appellate District Division Five (&[...]

New Trial Ordered In California Medical Malpractice Defense Win Where Defense Attorney Bragged To His Employees How He Obtained A Defense Verdict

August 22, 2022

Attorney Bragged To His Employees How He Obtained A Defense Verdict – New Trial Ordered: An online video that went viral (and then taken down) that showed a California medical malpractice defense lawyer’s associate gleefully ringing a bell after the lawyer told his law firm’s emplo[...]

Rhode Island Supreme Court Orders New Trial Where Medical Malpractice Defense Attorney Made Improper Closing Argument

May 2, 2022

The Rhode Island Supreme Court held in its February 22, 2022 opinion in a Rhode Island medical malpractice case in which a premature baby received total parenteral nutrition (TPN) through a peripheral intravenous line (IV) in her left foot that escaped the IV line and was instead going into the surr[...]

Iowa Supreme Court Rules Surgeon Must Face Retrial In Medical Malpractice Case Claiming Unnecessary Surgery Led To Stroke

February 14, 2022

The Supreme Court of Iowa (“Iowa Supreme Court”) ruled in its opinion dated January 21, 2022 that a patient who suffered a stroke following allegedly unnecessary surgery was entitled to a new trial due to the trial court’s errors that led to a defense verdict. The Underlying Facts�[...]

Pennsylvania Supreme Court Holds Granting Of New Trial In Medical Malpractice Case Was Abuse Of Discretion

January 15, 2022

The Supreme Court of Pennsylvania Eastern District (“Pennsylvania Supreme Court”) held in it opinion dated December 22, 2021 in a medical malpractice case: “the trial court did not abuse its discretion in denying a mistrial based on a single, unanswered question proposed to an expe[...]

California Appellate Court Decides Juror Misconduct Requires New Trial For Medical Malpractice Plaintiff

September 9, 2021

The Court of Appeal of the State of California First Appellate District Division Three (“California Appellate Court”) stated in its unpublished opinion filed on August 12, 2021, “In evaluating whether the nurse juror’s statement constituted misconduct, the trial court appropriate[...]

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Tag: medical malpractice new trial