medical malpractice summary judgment Archives

New York Appellate Court Affirms Medical Malpractice Defendants Not Entitled To Summary Judgment

April 14, 2026

In the early morning of January 15, 2017, plaintiff was admitted to defendant Adirondack Medical Center (“AMC”) in active labor. There, less than two hours later, she gave birth to a healthy infant without the use of pain medications or the need for other interventions. Approximately two[...]

Alabama Supreme Court Reverses Summary Judgment For Medical Malpractice Defendants In MS Misdiagnosis Case

March 29, 2026

On July 6, 2020, the Keisters filed their Alabama medical malpractice lawsuit against Neurology Consultants and Dr. Kar, alleging that they had “negligently caused, or negligently allowed Plaintiff, Rebecca Ann Keister, to go without proper and necessary evaluation, analysis, testing, treatmen[...]

Georgia Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants

November 10, 2025

Georgia Moton sued registered nurses Melanie Kinder, Rose White, and Betty Stokes, along with their employer Emory Healthcare, Inc.(“Emory”), alleging that the defendants inappropriately administered Dilantin through an intravenous (“IV”) line in Moton’s left hand instead of through a larg[...]

New York Appellate Court Affirms Denial Of Summary Judgment For Urgent Care Medical Malpractice Defendants

August 3, 2025

Plaintiffs filed their New York medical malpractice action seeking damages for injuries that Donald Scott (plaintiff) allegedly sustained as a result of the failure of the defendants, Theresa Mellas, P.A. and MedFirst Urgent Care, PLLC, doing business as MASH Urgent Care (MASH Urgent Care), to timel[...]

California Appellate Court Reverses Summary Judgment For Medical Malpractice Defendant Due To Deficient Expert Report

April 21, 2025

Plaintiff Sabrina Zaragoza appealed from the summary judgment entered in favor of defendant Dr. Nadir Adam in a California medical malpractice action. Plaintiff contended that Dr. Adam was not entitled to summary judgment because his medical expert failed to provide a reasoned explanation for his op[...]

California Medical Malpractice Plaintiff Fails to Rebut Defendant’s Medical Expert Declaration, Loses Summary Judgment

October 16, 2022

Plaintiff Fails to Rebut Defendant’s Medical Expert: Normally, the question of whether a medical professional’s care and treatment of a patient fell within the standard of care or caused the plaintiff’s injuries is a matter that can only be established through expert testimony. California [...]

Kentucky Appellate Court Holds Hospital May Be Held Liable For Wrong CT Scan Being Ordered

April 7, 2022

In its opinion dated February 11, 2022, the Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held that the trial court was wrong in granting summary judgment to the defendant hospital in a Kentucky medical malpractice case where the dispute was whether the proper CT[...]

Alabama Federal Court Grants Summary Judgment To United States In Medical Malpractice Claim Involving VA

December 14, 2021

In its Memorandum Opinion issued on November 4, 2021, the United States District Court for the Northern District of Alabama entered summary judgment against the pro se plaintiff in a medical malpractice case involving his treatment at the VA. The Underlying Facts Plaintiff, Ray Anthony Fuqua (Fuqua)[...]

Massashusetts Appellate Court Reverses Summary Judgment Against Pro Se Medical Malpractice Plaintiff

September 27, 2021

The Commonwealth of Massachusetts Appeals Court stated in its unpublished Memorandum and Order entered on September 1, 2021: “Representing himself, Cook pursued a range of claims implicating the adequacy of his informed consent, and possible malpractice or misconduct in both the administration[...]

New York Appellate Court Reverses Summary Judgment Granted To Some Medical Malpractice Defendants In Gallbladder Surgery Case

February 1, 2021

The New York Supreme Court Appellate Division, Second Department (“New York Appellate Court”), in its decision dated January 13, 2021, reversed the lower court’s granting summary judgment in favor of some of the New York medical malpractice defendants in a case involving gallbladde[...]

Louisiana Appellate Court Reverses Summary Judgment Granted To Pediatric Cardiologist

November 19, 2020

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 malpr[...]

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

July 15, 2020

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 family of an emergency room pat[...]

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Tag: medical malpractice summary judgment