standard of care Archives - Medical Malpractice Lawyers

Nebraska Supreme Court Overturns Medical Malpractice Defense Verdict Due To Erroneous Jury Instruction

August 13, 2025

In 2013, Dawn M. Morgan-Baker was admitted to the labor and delivery unit of a hospital operated by Alegent Creighton Health Creighton University Medical Center, LLC, in Omaha, Nebraska, for her anticipated delivery of her son, J.R.M.B. (J.R.). She was at 36 weeks gestation. She had suffered a fall [...]

Can Failure To Use AI Be Medical Malpractice?

February 28, 2025

An article that appeared in The Harvard Gazette in November 2020 stated, in part: “The excitement over AI [artificial intelligence] these days isn’t because the concept is new. It’s owing to rapid progress in a branch called machine learning, which takes advantage of recent advances in com[...]

What’s The Difference Between A Bad Outcome And Medical Malpractice?

December 10, 2024

All medical care and treatment carry risks of an unexpected outcome that is harmful to the patient. For example, when a surgical procedure is recommended to a patient, the medical provider is required to explain to the patient the various alternatives of medical treatment that are available as well [...]

How Do You Prove Medical Malpractice?

October 9, 2024

In general, medical malpractice occurs when a medical provider breaches the standard of care applicable under the circumstances and the breach leads to provable harm. The standard of care is generally defined as what a reasonably competent medical provider would do/not do under the circumstances. Es[...]

What Is Medical Malpractice?

August 9, 2024

“Medical malpractice” is defined by individual state laws in the United States – there is no universal or federal law regarding medical malpractice. One simple definition of “medical malpractice is “any act or omission by a physician during treatment of a patient that d[...]

Massachusetts Appellate Court Approves Errors Of Judgment Instruction In Affirming Medical Malpractice Defense Verdict

June 10, 2021

The Massachusetts intermediate appellate court stated in its May 28, 2021 opinion: “The primary issue on appeal is whether the trial judge erred in giving an “errors of judgment” instruction that informs a jury in a medical malpractice case that an error of judgment by a doctor is [...]

Indiana Appellate Court Reverses Judgment For Medical Malpractice Defendant

January 5, 2021

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on December 18, 2020 that the medical malpractice plaintiff “presented sufficient evidence regarding the applicable standard of care to defeat [defendant] Dr. Majd’s motion for judgment on the e[...]

Federal Appellate Court Affirms Medical Malpractice Defense Verdict Involving VA

August 21, 2020

The United States Court of Appeals for the Ninth Circuit (“Federal Appellate Court”), in its unreported Memorandum opinion dated June 9, 2020, affirmed a federal medical malpractice verdict in favor of the United States involving alleged negligent medical care provided by the VA. The fed[...]

Mississippi Supreme Court Affirms Directed Verdict For Neurosurgeon In Medical Malpractice Case

December 24, 2019

In its opinion filed on December 5, 2019, the Supreme Court of Mississippi (“Mississippi Supreme Court”) affirmed the directed verdict the trial court had entered in favor of the defendant neurosurgeon in a Mississippi medical malpractice case where the plaintiff alleged the defendant[...]

Pennsylvania Supreme Court Allows Evidence Of Risks Of Surgery In Medical Malpractice Cases

June 20, 2019

In its decision filed on June 18, 2019, the Supreme Court of Pennsylvania Western District (“Pennsylvania Supreme Court”) stated in a medical malpractice appeal, “While evidence that a specific injury is a known risk or complication does not definitively establish or disprove negli[...]

Michigan Appellate Court Finds Defendant’s Expert Qualified To Testify As To Standard Of Care

January 8, 2019

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated December 13, 2018 that the defendant hospital’s expert was qualified to testify as to standard of care issues in a Michigan medical malpractice case. The Underlying Facts On Au[...]

Maryland Appellate Court Vacates $329K Baltimore Medical Malpractice Verdict

September 4, 2017

In its reported opinion filed on September 1, 2017, the Court of Special Appeals of Maryland (“Maryland Appellate Court”), Maryland’s intermediate appellate court, vacated a Baltimore medical malpractice verdict in the amount of $329,000 in favor of the plaintiff, holding that the [...]

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Tag: standard of care