76 results for 'cat:"Civil Procedure" AND cat:"Medical Malpractice"'.
J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent’s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: civil Procedure, Wrongful Death, medical Malpractice
J. Zayas finds the trial court properly joined both spine surgery patients into a single jury trial. Although the patients dealt with the same type of spine condition generally, each patient had its own expert testify about specific conditions that led each to seek treatment from the surgeon, which allowed the jury to separate and analyze the evidence. Meanwhile, the lack of evidence to support prejudgment interest on damages precluded the trial court from granting the patients' request; therefore, the interest award will be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: May 10, 2024, Case #: 2024-Ohio-1776, Categories: civil Procedure, Damages, medical Malpractice
J. Sannes adopts a magistrate judge’s order in full and dismisses an unrepresented litigant’s medical malpractice and disability discrimination claims against an upstate New York health care provider. His claims for medical malpractice are not actionable under the ADA or the Rehabilitation Act, and he fails to provide any evidence that would suggest discriminatory animus on the basis of a disability. Additionally, the court reaffirms the judge’s order denying his request to make his medical records public, as it would violate the court’s standard practice.
Court: USDC Eastern District of New York, Judge: Sannes, Filed On: April 17, 2024, Case #: 8:24cv27, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: civil Procedure, Ada / Rehabilitation Act, medical Malpractice
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J. Ellender finds that the trial court properly sustained exceptions of prematurity filed by a nursing home on a family's negligence suit related to the death of their grandmother while she was a nursing home resident. In this case, the alleged failure to diagnose and provide healthcare to the grandmother falls under the definition of healthcare. If a procedure in a given case is deemed to be healthcare, it falls under Louisiana Medical Malpractice Act and must go before the medical review panel before a tort suit can proceed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,516-CA, Categories: civil Procedure, Negligence, medical Malpractice
J. Murray finds that the lower court improperly entered summary judgment in favor of a doctor in this medical malpractice suit in which a wife alleges her husband was discharged from a hospital without proper warning about the risk of clotting in the future, resulting in his subsequent death from a pulmonary embolism. The deceased patient’s estate presented sufficient evidence to allow a jury to assign liability against the involved physicians. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 9, 2024, Case #: J-A03032-24, Categories: civil Procedure, Wrongful Death, medical Malpractice
J. Kyzar finds that the trial court properly dismissed a patient's claim against the surgery center over the alleged failure to investigate domestic abuse by a doctor who performed surgeries on her. The patient's "administrative negligence" claim falls under the Louisiana Medical Malpractice Act and was prescribed since it was filed over three years after the alleged malpractice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 3, 2024, Case #: CA-23-682, Categories: civil Procedure, medical Malpractice
J. Reidinger denies a man, who was involuntarily committed to a hospital in 2016, his motion for reconsideration after he previously filed two other civil actions that were denied. The man then filed a motion to reverse the denials, but these were time-barred. The present motion for reconsideration is therefore futile.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 1, 2024, Case #: 1:21cv305, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: civil Procedure, Constitution, medical Malpractice
J. Gravois finds that the trial court properly determined that a patient's request for a medical review panel was prescribed on its face. The evidence shows that the patient had an x-ray in November 2019 that revealed she had healing fractured ribs, and that she should have been on notice as to the potential malpractice at that date. Since the patient did not file her request for a medical review panel within one year of November 2019, her complaint was untimely and prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 27, 2024, Case #: 23-CA-347, Categories: civil Procedure, Evidence, medical Malpractice
J. Steigmann finds that the lower court improperly dismissed a medical negligence suit stemming from her treatment for a severe nosebleed. During the treatment, a doctor left impacted gauze in the patient's nasal cavity causing severe pain and swelling. A genuine issue of material fact exists as to whether the patient should have known by May 1, 2020 that the leftover gauze was the cause of her symptoms, which would make her complaint untimely, or if her discovery came later. Reversed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: March 26, 2024, Case #: 230646, Categories: civil Procedure, Negligence, medical Malpractice
J. Gustafson finds that the trial court was within its discretion to deny a patient's motion to alter or amend a judgment. She failed to provide any briefing in support of the motion, which she filed in an attempt to substitute a doctor's insurance company as the real party in interest to her medical malpractice complaint. Also, bankruptcy law did not prevent the patient from serving process on the doctor, so the trial court properly dismissed her complaint for failure to serve. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 12, 2024, Case #: DA 23-0319, Categories: Bankruptcy, civil Procedure, medical Malpractice
J. Blacklock finds that the court of appeals improperly ruled in favor of a doctor in a case brought by a patient of his who claims he released her from the hospital prematurely and is liable for damages she sustained in a fall. While the patient filed her suit within the tolling period of the statute of limitations, the form was incomplete, leading the court of appeals to find in favor of the doctor. However, an incomplete from is still viable for the tolling of the limitations period. Therefore, the patient's claims are ripe. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: March 8, 2024, Case #: 22-0435, Categories: civil Procedure, medical Malpractice
J. Molaison finds that a patient's medical malpractice action is dismissed due to insufficient notice. In this case, the patient requested service by the clerk but stated that copies of the pleadings to be served would be provided. These copies were not provided until after the 90-day time period had run. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 6, 2024, Case #: 24-C-10, Categories: civil Procedure, medical Malpractice
J. Silva finds that the lower court improperly overruled the doctors' objection to an expert report in this medical malpractice case. The expert report fails to adequately explain how the alleged breach of care caused the appellee's injuries, and it also "fails to address foreseeability." However, the patients will be given a chance to cure the report's deficiencies. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00234-CV, Categories: civil Procedure, Experts, medical Malpractice
J. Benavides finds in this interlocutory appeal that the lower court improperly denied the appellants' dismissal motion in this health care liability action alleging that a patient was not properly placed on a gurney. The appellee failed to properly file the expert report as required, specifically as to the "mandatory deadline." Also, the appellants' did not waive their right to dismissal by participating in discovery or waiting to file the dismissal motion. Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: February 29, 2024, Case #: 13-23-00353-CV, Categories: civil Procedure, Experts, medical Malpractice
J. Chehardy finds that the trial court properly dismissed a patient's medical malpractice action related to the failure of hardware placed in his back during surgery in 2016. The patient should have been aware of the malpractice in 2017 when he made an emergency room visit due to back pain. The patient does not show that he first learned of his claim in 2018, or that the delayed date was reasonable. Therefore, the patient's medical malpractice claim has prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-CA-190, Categories: civil Procedure, Evidence, medical Malpractice
J. Garry finds that the lower court properly dismissed dental malpractice claims stemming from a root canal because the patient filed the action more than two-and-a-half years following accrual, and she also exceeded additional time permitted following discovery of a foreign object in her left maxillary sinus. However, the dentist and her employer were improperly awarded disbursements without proof that expenses were actually incurred. Affirmed in part.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 22, 2024, Case #: 535783, Categories: civil Procedure, medical Malpractice
J. May finds that the lower court properly dismissed tort claims contending a child died a day after a feeding tube had been dislodged during treatment at the University of Iowa Hospitals and Clinics. While the parents did not present separate individual claims, claims brought by the estate for the child may proceed. Affirmed in part.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0759, Categories: civil Procedure, medical Malpractice
J. Ortego finds that the trial court properly granted summary judgment to the cardiovascular institute in a patient's medical malpractice suit alleging that its failure to recognize a blockage in his carotid artery caused him to suffer a stroke. The patient did not give evidence from an expert witness to support his claim or evidence opposing the motion for summary judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-486, Categories: civil Procedure, Experts, medical Malpractice
J. Connolly partially reverses the district court's dismissal of the father's wrongful death action against the mental health treatment provider stemming from the overdose death of his son in the provider's care. While the district court correctly determined that a statute requiring that plaintiffs include expert testimony in a prima facie case for medical malpractice claims, it abused its discretion in dismissing the father's wrongful-death claim for failure to serve an expert-review affidavit within the three-year statute of limitations for wrongful-death actions because the affidavit was filed within a 60-day safe harbor period. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: January 16, 2024, Case #: A23-0483, Categories: civil Procedure, Wrongful Death, medical Malpractice
J. Marcotte finds that the trial court properly precluded a patient from calling any witnesses at trial as a result of his failure to timely file a “will call” witness list in this medical malpractice action. In this case, the patient missed two deadlines to file and exchange witness and exhibit lists, and the patient was notified three weeks before the trial date to compile the witness and exhibit lists but failed to do so. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: January 10, 2024, Case #: 55,413-CA, Categories: civil Procedure, medical Malpractice