What Is Medical Malpractice? Archives - Page 3 of 4

Louisiana Appellate Court Finds Fall While Boarding Van Was Not Medical Malpractice

June 27, 2021

In its opinion dated June 9, 2021, the Fifth Circuit Court of Appeal State of Louisiana (“Louisiana Appellate Court”) stated: “In this personal injury case arising from Barbara Campbell’s purported fall and subsequent injuries while boarding a van to be transported from her home [...]

Texas Appellate Court Affirms That Patient’s Trip On Rug In Waiting Room Not Medical Malpractice

November 1, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”) stated in its opinion filed on August 27, 2020: “A psychiatrist challenges the trial court’s denial of his motion to dismiss a patient’s claims under the Texas Medical Liability Act for failure to serve an expert r[...]

Kansas Appellate Court Discusses Requirements For Medical Malpractice And Informed Consent Claims In Kansas

October 1, 2020

The Court of Appeals of the State of Kansas (“Kansas Appellate Court”), in its opinion dated September 25, 2020, discussed the requirements for medical malpractice claims and informed consent claims in Kansas. Kansas Medical Malpractice Claims To establish medical malpractice in Kansas, [...]

Texas Appellate Court Says Slip On Liquid On Floor In Hospital While Walking To Procedure Room Is A Medical Malpractice Claim

May 7, 2020

The Texas Fourteenth Court of Appeals (“Texas Appellate Court”), in its Majority Opinion dated March 26, 2020, held that the plaintiff’s claim that the defendant hospital was negligent as a result of her fall due to a liquid on the floor was “an alleged departure from accepte[...]

Texas Supreme Court Holds Bridal Shop’s Ebola-Related Claim Against Hospital Was A Medical Negligence Claim

March 15, 2020

In September 2014, the defendant hospital cared for a patient who was infected with the Ebola virus. A nurse who attended the patient at the hospital later visited a bridal shop in Ohio. Upon returning to Dallas, the nurse became ill and was diagnosed as having contracted the virus and recovered aft[...]

How Do I Know If My Injury Is Due To Medical Malpractice?

December 7, 2019

“How do I know if my injury is due to medical malpractice?” This is a question we receive often. Our usual response is if you have reason to ask the question, you have reason to explore whether someone is responsible for causing your unanticipated or unexpected harm suffered as a result [...]

Indiana Appellate Court Holds Negligent Dissemination Of Confidential Medical Information Was Ordinary Negligence, Not Medical Malpractice

May 16, 2019

The Court of Appeals of Indiana (“Indiana Appellate Court”) held in its opinion filed on May 6, 2019 that “the MMA [Indiana Medical Malpractice Act] is not applicable to claims involving negligent dissemination of protected health information and thus the trial court erred in grant[...]

Florida Appellate Court Finds Psychiatric Patient’s Assault On Another Patient Is Ordinary Negligence, Not Medical Malpractice

August 27, 2018

The Third District Court of Appeal State of Florida (“Florida Appellate Court”) stated in its opinion filed on August 1, 2018 that it was unable to conclude that the act from which the plaintiff’s claim arises – the attack on the plaintiff by another patient in a Florida hospital[...]

Florida Supreme Court Discusses What Is, And Is Not, A Medical Malpractice Claim

May 8, 2018

The Supreme Court of Florida (“Florida Supreme Court”) held in its opinion filed on April 26, 2018: “In accordance with the Legislature’s definition of medical malpractice and this Court’s relevant case law, we hold that for a claim to sound in medical malpractice, the act from[...]

Tennessee Appellate Court Says Physician’s Handshake May Or May Not Be Medical Care

December 30, 2017

The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion filed on December 19, 2017 that “[a]ccepting [the plaintiff’s] allegations as true and allowing [the plaintiff] the benefit of all reasonable inferences, we cannot conclude that [[...]

Florida Appellate Court Rules Removing Stool In Examination Room Is Ordinary Negligence, Not Medical Negligence

November 23, 2017

The District Court of Appeal First District, State of Florida (“Florida Appellate Court”) ruled in its opinion filed on November 6, 2017 that a claim involving a urologist’s removal of a stool used by a patient to ascend onto an examination table that the urologist then removed aft[...]

Tennessee Appellate Court Decides Claim Involving Injury To 86-Year-Old In ICU Caused By Hot Coffee Was A Health Care Liability Claim

October 31, 2017

The Court of Appeals of Tennessee at Knoxville (“Tennessee Appellate Court”) held in its opinion filed on September 28, 2017 that the trial court did not err in dismissing the plaintiff’s lawsuit alleging that an 86-year-old patient who was recovering from surgery in the intensive [...]

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Tag: What Is Medical Malpractice?