The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”), in its decision dated October 28, 2020, reversed summary judgment granted to the defendant pediatric cardiologist in a Louisiana medical malpractice case, finding that the plaintiff’s medical malpractice… Read More
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California Appellate Court Affirms Summary Judgment For Defense In Medical Malpractice Wrongful Death Case Where Man Died From Aortic Dissection Eight Hours After Discharge From ER
The Court of Appeal of the State of California Second Appellate District Division Eight (“California Appellate Court”), in its June 1, 2020 published opinion, stated: “The trial court granted summary judgment to a hospital in a lawsuit brought by the… Read More
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Illinois Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants In Misdiagnosis Of Brain Bleed Wrongful Death Case
An Illinois Appellate Court, in its opinion filed on March 2, 2020, reversed summary judgment for the defendants in an Illinois medical malpractice wrongful death action where the plaintiff alleged that the decedent was brought to Swedish Covenant’s emergency department… Read More
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New York Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants
The Supreme Court of the State of New York Appellate Division, Fourth Department (“New York Appellate Court”) held in its Memoradum and Opinion dated February 7, 2020: “we conclude that “‘[t]he conflicting opinions of the experts for plaintiff and defendant[s]… Read More
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New York Appellate Court Discusses Summary Judgment Burden-Shifting In Medical Malpractice Case
The Supreme Court of the State of New York Appellate Division, Fourth Judicial Department (“New York Appellate Court”) stated in its Memorandum And Order dated November 15, 2019 in a New York medical malpractice case: “we conclude that the burden… Read More
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Maine Appellate Court Affirms Summary Judgment For Radiologist Who Negligently Misread CT Scan
The Maine Supreme Judicial Court (“Maine Appellate Court”), in its decision filed on May 30, 2019, affirmed the trial court’s granting summary judgment in favor of the defendant radiologist in a Maine medical malpractice case where the plaintiff claimed the… Read More
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Louisiana Appellate Court Reverses Itself, Revives Medical Malpractice Case
The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”), in its May 2, 2018 opinion, reversed its previous opinion and thereby revived a Louisiana medical malpractice lawsuit, finding that the trial court had erred in granting summary… Read More
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Tennessee Appellate Court Reinstates Medical Malpractice Case
The Court of Appeals of Tennessee at Jackson (“Tennessee Appellate Court”) held in its opinion filed on February 9, 2018 in a Tennessee medical malpractice case in which the plaintiff appealed the dismissal of her claim on the basis of… Read More
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Louisiana Appellate Court Affirms Summary Judgment For Medical Malpractice Defendant
The State of Louisiana Court of Appeal, Third Circuit (“Louisiana Appellate Court”) earlier this month affirmed the trial court’s granting summary judgment to the defendant emergency room physician in a Louisiana medical malpractice case, finding that the plaintiff had failed… Read More
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Alabama Supreme Court Affirms Summary Judgment For Defendants In Medical Malpractice Wrongful Death Case
The Supreme Court of Alabama (“Alabama Supreme Court”) narrowly affirmed summary judgment granted to the defendant hospital by the trial court in an Alabama medical malpractice wrongful death case, in its opinion filed on December 1, 2017. The Alabama Supreme… Read More
