medical malpractice summary judgment Archives - Page 2 of 3

Illinois Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants In Misdiagnosis Of Brain Bleed Wrongful Death Case

April 4, 2020

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 after experiencing a severe[...]

New York Appellate Court Reverses Summary Judgment For Medical Malpractice Defendants

February 26, 2020

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] with respect to .[...]

New York Appellate Court Discusses Summary Judgment Burden-Shifting In Medical Malpractice Case

December 11, 2019

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 that O’Shea places on a plaintiff[...]

Maine Appellate Court Affirms Summary Judgment For Radiologist Who Negligently Misread CT Scan

June 12, 2019

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 radiologist negligently [...]

Louisiana Appellate Court Reverses Itself, Revives Medical Malpractice Case

May 16, 2018

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 judgment to the defendant[...]

Tennessee Appellate Court Reinstates Medical Malpractice Case

March 1, 2018

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 the expiration of the statute of limitations and the[...]

Louisiana Appellate Court Affirms Summary Judgment For Medical Malpractice Defendant

January 21, 2018

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 to pr[...]

Alabama Supreme Court Affirms Summary Judgment For Defendants In Medical Malpractice Wrongful Death Case

December 14, 2017

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 Court found dispositive the [...]

New York Appellate Court Affirms Orthopedic Surgeon Not Liable To Patient For Failure To Diagnose Lung Cancer

June 3, 2017

The Supreme Court of the State of New York Appellate Division, Second Judicial Department (“New York Appellate Court”) held in its decision filed on May 10, 2017 that the defendant orthopedic surgeon’s duty of care as an orthopedic surgeon did not extend to the alleged departure[...]

New York Appellate Court Orders Summary Judgment For Defendant Oral Surgeon

May 8, 2017

The New York Supreme Court, Appellate Division, First Department (“New York Appellate Court”) held in a dental malpractice case it decided on April 20, 2017 that a plaintiff cannot defeat a summary judgment motion that made out a prima facie case by merely asserting, without more, a new [...]

Indiana Appellate Court Addresses Sufficiency Of Submission To Medical Review Panel

March 8, 2017

In its decision dated February 22, 2017, the Court of Appeals of Indiana (“Appellate Court”) addressed the sufficiency of the medical malpractice plaintiffs’ submission to a medical review panel that involved a birth injury claim (i.e., that the defendant health care providers wait[...]

Indiana Supreme Court Reverses Summary Judgment For Medical Malpractice Defendants

May 8, 2016

In its decision filed on April 28, 2016, the Indiana Supreme Court reversed the trial court’s granting summary judgment to the defendants in an Indiana medical malpractice case, finding that the Indiana medical malpractice defendants themselves “created a genuine issue of material fact[...]

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Tag: medical malpractice summary judgment