surgical malpractice claim Archives - Page 2 of 4

Kentucky Appellate Court Reverses Medical Malpractice Defense Verdict Where Critical Medical Record Not Produced Until Shortly Before Trial

January 17, 2018

The Commonwealth of Kentucky Court of Appeals (“Kentucky Appellate Court”) held in its opinion filed on January 5, 2018 that the trial judge had abused his discretion in dealing with the defense’s late production of relevant medical records and in denying the plaintiff’s moti[...]

Illinois Appellate Court Discusses Personal Practice Testimony In Medical Malpractice Cases

January 9, 2018

The Appellate Court of Illinois Second District (“Illinois Appellate Court”) held in an opinion filed on December 29, 2017 that the trial court had inappropriately allowed evidence during an Illinois medical malpractice trial that the plaintiff’s expert had himself caused injury to[...]

New Study Finds Increased Risk Of Complications Following Overlapping Surgeries

December 6, 2017

A new study published online on December 4, 2017 in JAMA Internal Medicine investigated the association between overlapping surgeries (i.e., double-booked surgeries, where a single attending surgeon supervises two or more surgeries occurring in different operating rooms at the same time) for hip fra[...]

California Appellate Court Holds Good Samaritan Law Provided Immunity To Two Surgeons

August 2, 2017

In its July 5, 2017 unpublished opinion, the Court of Appeal of the State of California Second Appellate Division Division Eight (“California Appellate Court”) held that two surgeons who were called into the operating room to assist another surgeon who had injured the decedent’s ar[...]

$8.5M Washington Medical Malpractice Verdict For Surgical Complication Leading To Penis Injury

June 4, 2017

On April 12, 2017, a Washington medical malpractice jury awarded a man and his wife a total of $8.5 million in compensatory damages ($6 million to the husband and $2.5 million to the wife for the harm to their marriage) as a result of complications from abdominal surgery that led to the man’s[...]

Nebraska Appellate Court Discusses Joint And Several Liability When One Medical Malpractice Defendant Settles

May 20, 2017

The Nebraska Court of Appeals filed a decision on April 18, 2017 in a Nebraska medical malpractice case where one of the named medical malpractice defendants settled with the plaintiff before trial and the case proceeded to trial against the remaining medical malpractice defendant, which resulted [...]

New Mexico Supreme Court Extends Comity In Applying Texas Law In Medical Malpractice Case

April 15, 2017

In its opinion filed on March 13, 2017, the Supreme Court of the State of New Mexico (“New Mexico Supreme Court”) extended comity to Texas and applied Texas law to the New Mexico medical malpractice plaintiff’s claims, thereby dismissing the plaintiff’s New Mexico medical mal[...]

Surgical Forceps Left In Patient For 18 Years

January 14, 2017

When a 54-year-old Vietnamese man had a stomach ache and sought medical care, little did he suspect that an x-ray would find that the cause of his problems was surgical forceps that were apparently left in his abdomen near his colon during emergency surgery that he had eighteen years earlier followi[...]

Georgia Medical Malpractice Defense Verdict

September 26, 2016

On September 2, 2016, a Georgia medical malpractice jury returned its verdict in favor of the defendants, finding that the Georgia medical malpractice plaintiff had failed to prove that the defendant surgeon and the defendant anesthesiologist had breached the standard of care in treating the plainti[...]

Florida Appellate Court Affirms Summary Judgment For Hospital In Medical Malpractice Case

September 10, 2016

On August 24, 2016, the District Court of Appeal of Florida Second District (“Appellate Court”) affirmed the trial court entering summary judgment on behalf of the defendant hospital in a Florida medical malpractice wrongful death lawsuit, finding that the physicians who treated the dece[...]

Hawaii Supreme Court Discusses Informed Consent Requirements In Medical Malpractice Case

September 7, 2016

In its opinion filed on May 3, 2016, the Supreme Court of the State of Hawai’i (“Hawaii Supreme Court”) discussed the requirements for a Hawaii physician to obtain informed consent from a patient for medical treatment, stating that the standard for a physician’s duty to disclos[...]

Wisconsin Medical Malpractice Wrongful Death Lawsuit Filed Against Fired Heart Surgeon

August 19, 2016

On August 12, 2016, a wrongful death medical malpractice lawsuit was filed in Wisconsin against a hospital and its former heart surgeon, alleging that the heart surgeon’s medical negligence during open heart surgery led to a patient’s wrongful death shortly after his surgery. The defenda[...]

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Tag: surgical malpractice claim