spoliation Archives - Medical Malpractice Lawyers

Federal Appellate Court Holds Medical Malpractice Plaintiff Not Entitled To Summary Judgment Based On Spoliation

May 4, 2023

Court Holds Plaintiff Not Entitled To Summary Judgment Based On Spoliation: Jahmir Frank suffers from a permanent and debilitating brain injury. Believing that Good Samaritan caused his injury during his birth, Frank sued Good Samaritan for medical malpractice in state court. During litigation, Fran[...]

Kentucky Appellate Court Remands Medical Malpractice Defense Verdict Where Judge Did Not Disclose Defendant Was Her Facebook Friend

October 20, 2020

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) stated in its unpublished opinion dated September 18, 2020 in a case where the Kentucky medical malpractice jury returned its verdict in favor of the defendant doctor and the defendant hospital: “the record [...]

Maryland Appellate Court Holds Cremation Was Not Spoliation Of Evidence In Medical Malpractice Wrongful Death Case

January 30, 2020

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, held in its published opinion dated January 29, 2020: “We expressly reject the Appellants’ assertion that Ms. Mattingly had a duty to preserve her son’s remains[...]

Georgia Supreme Court Discusses Ex Parte Communication With The Jury And Spoliation In Medical Malpractice Cases

July 11, 2015

In its June 29, 2015 decision, the Supreme Court of Georgia discussed the effect of a judge’s communication with a medical malpractice jury without the parties or their attorneys being present, and whether a spoliation instruction was appropriate where the defendant hospital had destroyed pote[...]

Tag: spoliation

Federal Appellate Court Holds Medical Malpractice Plaintiff Not Entitled To Summary Judgment Based On Spoliation

Kentucky Appellate Court Remands Medical Malpractice Defense Verdict Where Judge Did Not Disclose Defendant Was Her Facebook Friend

Maryland Appellate Court Holds Cremation Was Not Spoliation Of Evidence In Medical Malpractice Wrongful Death Case

Georgia Supreme Court Discusses Ex Parte Communication With The Jury And Spoliation In Medical Malpractice Cases

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