7 results for 'cat:"Civil Procedure" AND cat:"Negligence" AND cat:"Medical Malpractice"'.
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. 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. Rodriguez finds a lower court ruled correctly in admitting evidence of a prior settlement with a hospital in a medical negligence suit brought against a group of doctors by the widow of a deceased man. The widow argued the court had abused its discretion by allowing evidence of the prior settlement, resulting in an improper verdict, but she did not adequately preserve error nor provide a complete case record that could back up her arguments. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 4, 2023, Case #: 08-22-00245-CV, Categories: civil Procedure, negligence, medical Malpractice
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J. Williams finds that the lower court properly granted summary judgment in favor of the dental defendants in this lawsuit brought by a patient alleging negligence, fraud and medical malpractice based on certain dental work performed. The limitations period expired before the patient filed her original petition. Also, she cannot recast her health care liability claim "as another cause of action to avoid the requirements." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: July 27, 2023, Case #: 11-22-00002-CV, Categories: civil Procedure, negligence, medical Malpractice
J. Lobrano finds that the district court properly granted a nursing home's exception of prematurity to claims related to the deceased patient's family's allegations concerning failure to render medical treatment after the decedent's fall. Those claims fall within medical malpractice, and a medical review panel has yet to review those claims. However, this court is unable to determine whether the decedent's fall occurred within the course of medical treatment or if it sounds in negligence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 31, 2023, Case #: 2022-CA-0800, Categories: civil Procedure, negligence, medical Malpractice