55 results for 'cat:"Health Care" AND cat:"Negligence"'.
J. Hixson finds that the circuit court improperly found in favor of the medical center. The patient slipped and fell on water leaking under towels a nurse placed down to contain water around an improperly draining shower. The patient testified that he did not remember whether he saw water on the other side of the towel barrier when he stepped out of the shower, which shows that he did not recognize the risk that the towels might not prevent water from escaping. The medical center did not prove as a matter of law that the danger was obvious. However, summary judgment was properly entered in favor of the construction company conducting the renovation that resulted in the faulty drain, as it was not informed of the issue. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: May 29, 2024, Case #: CV-22-261, Categories: Construction, health Care, negligence
Per curiam, the appellate division finds that the lower court improperly granted arbitration in a nursing negligence suit filed by a patient who fell multiple times in a nursing facility. The facility failed to prove the existence of a valid arbitration agreement since the documents it provided were signed neither by the patient nor by someone authorized to sign on her behalf. The patient also should have been allowed to amend the complaint to address other issues. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 22, 2024, Case #: 02793, Categories: Civil Procedure, health Care, negligence
J. Armstead reverses the lower court's order denying the West Virginia medical examiner's motion to dismiss a physician's suit claiming his negligence in conducting an autopsy of the physician’s wife following her death resulted in the cause of her death to be listed erroneously as "natural" instead of "accidental." The medical examiner is entitled to qualified immunity since the estate's claims are insufficient under the West Virginia Medical and Professional Liability Act because the decedent was not a "patient" in which the medical examiner provided her any "health care" that contributed to her injury or death. Also, any claim of negligence fails since his actions were discretionary. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead , Filed On: May 21, 2024, Case #: 23-135, Categories: Government, health Care, negligence
J. Pena finds that the lower court properly determined that the claims at issue in this case were not health care liability claims requiring an expert report. The claims arise from the minor plaintiff's enrollment in a treatment program and an incident in which she was allegedly left inside a van and had to kick out a window in order to get out. The lower court did not err in its ruling, as the allegations do not implicate the facility's "duties as a health care provider." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 16, 2024, Case #: 13-23-00036-CV, Categories: health Care, negligence, Experts
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J. Pallmeyer grants a parent’s motion to join a number of Nevada doctors as defendants to her complaint against a baby formula manufacturer, remanding this case to the Circuit Court of Cook County. This was a bellwether case for the hundreds of lawsuits filed against the formula maker over its tainted formula, which caused infants to develop necrotizing enterocolitis. While doing discovery, the parent found out that doctors in Nevada may have been negligent in treating her own child afflicted with the condition. Though the parent wants the case sent to the Nevada state court, judicial rules make Cook County the proper remand venue, as that is where the case was first filed.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 13, 2024, Case #: 1:22cv2017, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, negligence, Product Liability
J. Shulman finds that the lower court properly found that a couple cannot sue a fertility clinic for medical malpractice for the failure to properly store their embryos. However, the couple's negligence claims are reinstated, as experts presented conflicting testimony regarding the potential impact of the cryopreservation process on the embryos. It is up for a jury to determine whether the embryos were already in poor condition when preserved, or if the clinic allowed them to degrade. Reversed in part.
Court: New York Appellate Divisions, Judge: Shulman, Filed On: April 18, 2024, Case #: 02088, Categories: health Care, negligence, Medical Malpractice
J. Conley denies health care providers' motion to dismiss an estate's claims. A man hung himself with a bedsheet and died in his cell, while in the custody of the county jail. The estate filed a lawsuit against the court, jail employees, and healthcare providers who treated the decedent, but later amended the complaint to include additional health care providers. The providers motioned to dismiss the matter claiming the estate did not exercise due diligence in identifying all of the decedent's health care providers, and that it exceeded the statute of limitations when it amended the complaint to name them. It is possible that the amended complaint was timely filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 18, 2024, Case #: 23cv167, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, Tort, negligence
J. Rivas Molloy finds the lower court properly denied a doctor’s motion to dismiss in this matter of alleged healthcare liability. After the doctor performed breast reconstruction surgery, a patient experienced blisters and skin infections that required surgical removal of foreign bodies from the breasts, wound care, and antibiotics. The doctor argues that the patient’s expert did not provide a sufficient statement, therefore the matter should be dismissed, but the instant court finds the expert’s statement sufficient as it clarifies the patient should have never been a candidate for the procedure due to her history of difficulty and complications healing. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas Molloy, Filed On: April 16, 2024, Case #: 01-23-00602-CV , Categories: health Care, negligence, Experts
J. Birzer grants a patient's motion to leave to file an amended complaint concerning strict products liability claims against a pharmaceutical company. The patient, who suffers from alopecia after taking a breast cancer chemotherapy drug, sufficiently showed in court that the manufacturer created an "informational tear sheet" distributed to chemotherapy nursing staff, falsely claiming that hair loss was temporary.
Court: USDC Kansas, Judge: Birzer, Filed On: April 12, 2024, Case #: 6:23cv1228, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, negligence, Product Liability
J. Thacker finds the lower court improperly granted immunity to the healthcare provider. A patient's personal medical information was stolen during a cyberattack on the provider's computer system. Healthcare providers are immune from federal suits arising out of medical, surgical, dental, or related functions. The provider argued that the patient's medical information rises out of a medical function, but safeguarding data is not a medical function. Vacated.
Court: 4th Circuit, Judge: Thacker, Filed On: March 29, 2024, Case #: 22-2268, Categories: health Care, Immunity, negligence
J. Chang partially grants a genetic screening company’s motion to dismiss fraud and negligence claims brought by a couple who used its services before having a child. The couple used the company’s prenatal genetic screening test to check if their child would have Down syndrome, and though the test returned a negative result, their child with born with Down syndrome anyway. The court dismisses the couple’s negligence claim against the company but allows their fraud claims to move forward.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 25, 2024, Case #: 1:21cv3085, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fraud, health Care, negligence
J. Crabtree rules an estate administrator may pursue wrongful death claims against a nursing home. The estate administrator sufficiently showed in court that nursing home employees failed to prevent her father from walking without assistance, falling, and suffering fatal injuries.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 6, 2024, Case #: 2:22cv2385, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, negligence, Wrongful Death
J. Edmon finds that the trial court erroneously upheld the revocation of a psychologist's license by the Board of Psychology. His evaluation of two children without their father's consent and without consulting their therapist did not violate ethical standards. The children's mother provided adequate consent and their reported suicidal and homicidal ideations constituted an emergency, even if a subsequent evaluation showed they were not at risk of imminent harm. And psychologists have discretion about whether consultation with other professionals is indicated and appropriate. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: February 28, 2024, Case #: B322991, Categories: health Care, Licensing, negligence
J. Lanza grants the Department of Veterans Affairs' motion for summary judgment concerning Federal Tort claims brought by the widow of a U.S. army veteran, now deceased, who suffered post trauma while serving his country in Iraq. The Department of Veterans Affairs sufficiently showed in court that a nurse that treated him at the VA clinic was not responsible for his death by suicide based on a negative screen for a suicide risk and low depression scale assessments.
Court: USDC Arizona, Judge: Lanza, Filed On: February 22, 2024, Case #: 2:20cv2275, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, Tort, negligence
J. Pallmeyer partially grants several mental health center workers’ motion to reconsider an earlier ruling, which partially denied their motion for summary judgment on a former patient’s failure to intervene claim. That former patient was sexually abused by another center worker, who has since pleaded guilty to criminal charges. The patient then brought damages and failure to intervene claims against other workers, with subsequent summary judgement rulings tossing all but the failure to intervene claims against five individuals. On reconsideration, the court now tosses the claims against one more worker, while they stand for the remaining four.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 15, 2024, Case #: 1:17cv7909, NOS: Other Civil Rights - Civil Rights, Categories: health Care, Damages, negligence
J. McAuliffe grants three care facilities’ motion to dismiss claims brought against them for allegedly neglecting to properly care for a senior who needed their services. It’s unclear if the senior, who has since passed away, reestablished a domicile in Maine prior to his death.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: February 9, 2024, Case #: 1:23cv230, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, negligence, Elder Abuse
J. Prince finds the trial court improperly dismissed the negligence action. The father and pediatric health care customer brought claims against the health care facility after a cyber-attack on health care records breached personal information. The father has standing, and there are questions of fact as to whether facility's choice of electronic records keeper was adequate to protect patients' personal information. Also, if a physician negligently discloses a patient's information through electronic or other means, the patient may maintain an action for damages in tort. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: February 1, 2024, Case #: 121682, Categories: health Care, Fiduciary Duty, negligence
J. Molberg finds that the lower court properly entered a take-nothing judgment in favor of the appellee, in this negligence lawsuit stemming from an incident at an indoor shooting range in which the appellee allegedly "removed the left earmuff" of the appellant's hearing protection. Any error in the admission of certain medical records from the appellant's primary care physician was harmless, as it did not result in an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00347-CV, Categories: Evidence, health Care, negligence
J. Worthen finds the trial court properly denied the nursing home's motion to dismiss the liability suit. The patient's granddaughter filed suit after the patient developed pressure wounds, sustained a fracture and contracted urinary tract infections. The trial court properly overruled the nursing home's objection to the granddaughter's expert's report asserting the home provided substandard care. The expert is not required to be certified in elder care. In a case not involving an individual health care provider, the expert need only have knowledge of accepted standards and experience regarding a breach of standards. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 24, 2024, Case #: 12-23-00225-CV, Categories: health Care, negligence, Experts
J. Currault denies requests by Amazon and Whole Foods to bar counsel for parents of an autistic child from quizzing corporate representatives on specific topics in upcoming depositions for a baby food contamination suit. Considering the parents’ negligence and sale nullification claims against the food retailers are overly broad, the ruling restricts, rather than strikes, certain deposition topics, such as any due diligence the corporations performed regarding heavy metals in products that allegedly contributed to their child’s developmental disorder.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: January 22, 2024, Case #: 2:22cv551, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, health Care, negligence
J. Daniel partially grants a nonprofit health care services organization’s motion to dismiss negligence, breach of contract and fraud claims brought by two of the nonprofit’s former patients. The patients brought the claims in response to a 2022 data breach of the nonprofit’s patient database that exposed their personal info to unknown individuals. Of all the claims, the court finds that only the patients’ negligence claim is sufficiently alleged to survive dismissal.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: January 17, 2024, Case #: 1:23cv1108, NOS: Other Personal Injury - Torts - Personal Injury, Categories: health Care, negligence, Privacy
J. Leggatt finds a lower court improperly dismissed a group of separate families' motion for claims of emotional distress. A group of hospital administrators argued that they were not obligated to protect family members from witnessing the deaths of their decedents. However, the families sufficiently showed in court that the administration failed to provide them with mental health services as a result of the deaths, which falls under medical negligence. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: January 11, 2024, Case #: 2024UKSC1, Categories: health Care, negligence, Medical Malpractice
J. Hester finds that the trial court improperly dismissed the inmate's claims against the doctor over the alleged denial of medical care that led to severe injuries. The doctor's exception of prematurity was incorrectly sustained since he did not give evidence that he was immune from suit "as a qualified health care provider" under the Louisiana Medical Malpractice Act for the relevant period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: December 27, 2023, Case #: 2023CA0646, Categories: Civil Procedure, health Care, negligence
J. Whitney denies a health care system’s motion to dismiss medical malpractice claims brought by a patient and his wife after a nurse administered a medication that caused the patient to suffer a second stroke. The patient and his wife’s amended complaint does satisfy federal rules, so the system is denied its motion. Also, the system is only partially entitled to summary judgment. While it correctly asserts that it was in no way responsible for the treatment given the patient, questions as to the patient’s negligent hiring and supervision claim and his wife’s loss of consortium claim still stand due to remaining disputes of material facts.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:22cv317, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, negligence, Medical Malpractice