ordinary negligence Archives - Medical Malpractice Lawyers

Florida Appellate Court Remands Case To Determine If Medical Malpractice Or Ordinary Negligence Is Alleged

November 12, 2021

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) held in its opinion dated October 13, 2021: “Because Mr. Torres alleged sufficient facts to plead his action as one sounding in ordinary negligence, a dismissal with prejudice was not warranted at this [...]

Nevada Supreme Court Holds Nurse’s Negligence In Administering Drug To Wrong Patient Is Ordinary Negligence

August 20, 2020

The Supreme Court of the State of Nevada (“Nevada Supreme Court”) stated in its opinion filed on July 9, 2020: “we consider whether a nurse’s mistake in administering a drug to one patient, when the drug was prescribed to a different patient, as well as the alleged failure to[...]

Florida Appellate Court Holds Negligence Case Should Have Been Dismissed For Failure To Follow Medical Malpractice Presuit Procedures

July 5, 2020

The District Court of Appeal of the State of Florida Fourth District (“Florida Appellate Court”) held in its unpublished opinion dated May 20, 2020, “We agree with Defendants that the complaint sounds in medical negligence and that the trial court departed from the essential requir[...]

Connecticut Appellate Court Reinstates Lawsuit To Determine If Ordinary Negligence Or Medical Negligence Injured Plaintiff

March 28, 2020

In a case where the plaintiff alleged that a camera used during robotic surgery fell on her and injured her, the Connecticut Appellate Court stated in its decision released on March 3, 2020, “Depending on the factual circumstances, some of the allegations might support a conclusion of ordinary[...]

New Jersey Appellate Court Holds Affidavit Of Merit Not Necessary In Ordinary Negligence Claim Against Hospital

April 5, 2019

The Superior Court of New Jersey Appellate Division (“New Jersey Appellate Court”), in its unpublished decision filed on March 25, 2019, reversed the trial court’s dismissal of the plaintiff’s complaint filed against a hospital “because some of the claims asserted in pl[...]

North Carolina Supreme Court Reverses Lower Appellate Court, Finding That Plaintiff’s Claim Was Medical Malpractice, Not Ordinary Negligence

September 26, 2018

The Supreme Court of North Carolina, in it’s two-page opinion filed on August 17, 2018, “agree[d] that the majority at the Court of Appeals erred when it converted plaintiff’s claim of medical malpractice into a claim of ordinary negligence … We therefore reverse the decision of [...]

Maryland Appellate Court Discusses What Is A “Medical Injury” Requiring Compliance With Maryland Medical Malpractice Laws

January 29, 2018

In its opinion filed on January 19, 2018, the Court of Appeals of Maryland (“Court”), which is the highest appellate court in Maryland, stated that in order for the Maryland Health Care Malpractice Claims Act (“HCA”) to apply, a plaintiff must allege a breach of a professiona[...]

New Jersey Appellate Court Reverses Dismissal Of Ordinary Negligence Claim Against Nursing Home

July 18, 2017

In an unpublished opinion filed on June 26, 2017, the Superior Court of New Jersey Appellate Division (“Appellate Court”) held that the plaintiff’s complaint against the defendant nursing home involving the injuries he suffered as a result of his fall while being transferred from h[...]

Tag: ordinary negligence