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Tag: relation back doctrine

Texas Appellate Court Rules Claim For Wrongful Death Occurring During Pending Medical Malpractice Case Was Timely

October 18, 2022

Court Rules Claim For Wrongful Death During Pending Malpractice Case Timely: In her original petition filed on March 5, 2013, Juana Laguna alleged that appellees negligently treated a fracture in Regino Gonzalez, Jr.’s left femur, which he suffered spontaneously while he was engaged in routine[...]

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Recoverable Damages In Negligent Reproductive Health Care Cases
Georgia Appellate Court Reinstates Wrongful Death Case Against Ambulance Company

September 19, 2022

The Court of Appeals of Georgia (“Georgia Appellate Court”) held in its June 24, 2022 opinion that a wrongful death lawsuit against an ambulance company was timely filed, pursuant to the relation-back doctrine. Underlying Facts Milton McBride was injured when two employees of an ambulanc[...]

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New Jersey Appellate Court Applies Relation Back Doctrine In Allowing Counterclaim Of Former Patient Against Defendant Mental Health Facility

May 19, 2022

On December 7, 2017, plaintiff sustained severe bodily injuries near her home in Brooklyn, New York, when Michael Gitelis assaulted her. After knocking plaintiff to the ground, Gitelis jumped into her Toyota Camry, put the car in reverse, and struck her with the car. A day earlier, Gitelis had been [...]

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Connecticut Supreme Court Discusses “Relation Back Doctrine” In Medical Malpractice Case

April 24, 2017

In its written opinion released in advance on April 3, 2017, the Connecticut Supreme Court clarified the contours of the relation back doctrine as applied to medical malpractice claims, holding that the Connecticut Appellate Court properly held that the plaintiff’s amended medical malp[...]

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Illinois Appellate Court Discusses Interplay Of Three Statutes In Medical Malpractice Case

April 17, 2016

In its decision filed on March 25, 2016, the Illinois First District Appellate Court (“Appellate Court”) discussed the interplay among three relevant statutes in an Illinois medical malpractice case. The Appellate Court ultimately held that the relation back doctrine applied so the wron[...]

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