What Is Medical Malpractice? Archives - Page 2 of 4

Texas Appellate Court Holds Claim Involving Ambulance Crash Was Not Health Care Liability Claim

December 14, 2022

Ambulance Crash Was Not Health Care Liability Claim: The Texas Tenth Court of Appeals (“Texas Appellate Court”) held in its August 31, 2022 Memorandum Opinion in a case where an ambulance company contended that the claims brought against it and its driver for injuries sustained during a [...]

Texas Appellate Court Holds Claim By Doctor Shocked By Medical Device Was Medical Negligence Claim

October 25, 2022

Doctor Shocked By Medical Device Was Medical Negligence Claim: The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its Memorandum Opinion dated August 4, 2022 that a doctor’s claim that he was shocked and seriously inj[...]

Michigan Appellate Court Holds Fall From Hospital Stretcher During Transport Was Medical Malpractice Claim

September 27, 2022

Court Holds Fall From Hospital Stretcher During Transport Was Malpractice: As Leegwater, a registered nurse working in the defendant hospital’s emergency department, pushed the stretcher through the doorway to the radiology suite, 97-year-old Elaine Quick apparently moved her left leg through [...]

Michigan Appellate Court Holds Claim For Fall In Hospital Bathroom Is Medical Malpractice Claim

September 24, 2022

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its Per Curiam unpublished Opinion dated June 16, 2022 that the plaintiff’s claim involving the alleged failure of hospital staff to monitor him while he was in the bathroom when they knew he was a fall ris[...]

Recoverable Damages In Negligent Reproductive Health Care Cases

Massachusetts Appeals Court Holds Claim Against Hospital Was For Medical Malpractice And Not Ordinary Negligence

August 7, 2022

Court Holds Claim Against Hospital For Malpractice And Not Negligence: In its opinion dated May 17, 2022, the Massachusetts Appeals Court held that the plaintiff’s claims were for medical negligence and not ordinary negligence: “the gravamen of the complaint sufficiently identified this [...]

Texas Supreme Court Dismisses Medical Spa Laser Skin Treatments Case For Lack Of Expert Report

July 9, 2022

The Supreme Court of Texas (“Texas Supreme Court”) stated in its opinion filed on February 25, 2022: “The plaintiff in this case alleges that the defendants negligently administered various treatments that caused scarring and discoloration to her skin. The primary issue is whether [...]

Texas Appellate Court Upholds That Fraud Claim Against Hospital Was Health Care Liability Claim

March 8, 2022

The Court of Appeals Thirteenth District of Texas Corpus Christi – Edinburg (“Texas Appellate Court”) held in its January 6, 2022 Memorandum Opinion in a Texas medical malpractice case: “Because Soliz’s negligent credentialing claims are HCLCs [health care liability claims][...]

Iowa Appellate Court Agrees Some Claims Against Hospital May Be For Ordinary Negligence

December 6, 2021

The Court of Appeals of Iowa (“Iowa Appellate Court”) stated in ts opinion filed on November 3, 2021 in a lawsuit against a hospital for injuries suffered from a patient’s fall, “Jacqueline Struck appeals the district court’s order granting the defendants’ motions to dism[...]

Louisiana Appellate Court Holds Fall From Stepstool In Doctor’s Office Not Medical Malpractice Claim

November 13, 2021

In its opinion filed on October 13, 2021, the Court of Appeal Fourth Circuit State of Louisiana (“Louisiana Appellate Court”) held: “Respondent’s fall and subsequent injury were neither treatment-related nor caused by dereliction of professional skill. Expert medical evidence is [...]

Texas Appellate Court Rules Nurse’s Claim He Was Subjected To Offensive Conduct While Under Anesthesia Is Medical Malpractice Claim

October 20, 2021

The Court of Appeals Sixth Appellate District of Texas at Texarkana (“Texas Appellate Court”) held in its Memorandum Opinion filed on September 3, 2021 that the plaintiff nurse employee of the defendant hospital, who sued for intentional infliction of emotional distress for placing him i[...]

North Carolina Appellate Court Rules Laser Hair Removal Claim Was Medical Malpractice Claim

September 3, 2021

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) ruled in its July 20, 2021 opinion that the plaintiff’s claim regarding negligent laser hair removal was a North Carolina medical malpractice claim and not a claim of ordinary negligence: “We hold that [...]

Utah Supreme Court Says Climbing Injury During Wilderness Hike Was Medical Malpractice Claim

August 5, 2021

The Supreme Court of the State of Utah (“Utah Supreme Court”) held in its opinion dated July 9, 2021, “We conclude that an injury sustained while climbing a rock formation during a “wilderness therapy” excursion can, depending on the circumstances, “relat[e] to or aris[e] out[...]

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Tag: What Is Medical Malpractice?