8 results for 'cat:"Experts" AND cat:"Wrongful Death" AND cat:"Medical Malpractice"'.
J. Nardacci denies in part a motion for summary judgment in a wrongful death medical malpractice suit against a federally funded healthcare provider, finding the family estate’s expert witness, a cardiologist, is qualified to provide testimony regarding the decedent’s cause of death. The decedent died from a heart attack brought on by a rare heart condition shortly after he was taken off Clozaril, a medication to treat his mental health condition. However, three of the four healthcare personnel named in the suit are dismissed due to a lack of expert testimony implicating them in decedent’s death.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:20cv574, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: experts, wrongful Death, medical Malpractice
J. Kilbane finds the lower court improperly granted the hospital's motion in limine to exclude the estate's expert witness. The physician testified with the required degree of medical certainty the hospital's failure to recognize symptoms of acidosis and renal dysfunction was the proximate cause of the decedent's death. Although the physician could not testify the exact cause of the decedent's ischemic bowel, such specificity was not necessary to establish proximate cause; therefore, the expert testimony should have been admitted and the hospital's motion for summary judgment denied. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: February 22, 2024, Case #: 2024-Ohio-659, Categories: experts, wrongful Death, medical Malpractice
J. Cates finds that the lower court properly found for the doctor in a medical malpractice suit stemming from a patient's death. The court did not err in allowing the defense expert to opine regarding other possible causes of the patient's death. His testimony that the patient could have died of stroke was based upon the patient's medical history and not mere speculation. Further, it correctly refused to admit the patient's death certificate into evidence as the cause of death listed on the certificate was an opinion of the coroner, but not based on any postmortem examination. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: February 20, 2024, Case #: 220552, Categories: experts, wrongful Death, medical Malpractice
J. Readler finds the lower court properly granted the nursing home's motion for summary judgment because the estate's failure to obtain a medical expert witness with familiarity of the standard of care required for patients in Memphis precluded the medical malpractice action. Tennessee law requires an expert witness with knowledge of local standards of care for individuals who pursue medical malpractice actions, and the estate's witness admitted he was familiar only with a national standard, which was insufficient to allow the action to proceed. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 22, 2024, Case #: 23-5527, Categories: experts, wrongful Death, medical Malpractice
J. Gobeil finds that the trial court properly granted the clinic's motion to exclude testimony from two of the widow's experts in a medical malpractice and wrongful death action arising from the husband's death due to multi organ failure from severe malaria. The trial court correctly excluded the hospitalist's causation opinions and standard of care opinions, as well as the internal medicine doctor's general causation opinion. The experts' causation opinions were not based on reliable methodology. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 6, 2023, Case #: A23A0735, Categories: experts, wrongful Death, medical Malpractice
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J. Lynch finds that the lower court improperly dismissed medical malpractice and wrongful death claims stemming from complications following surgery for gallstone pancreatitis. Testimony in which an expert for the decedent suggested that a worrisome level of oxygen saturation indicated an earlier need for post-surgical intubation should not have been dismissed as speculative or conclusory. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 13, 2023, Case #: 535338, Categories: experts, wrongful Death, medical Malpractice
J. Pickering finds the county court properly partially dismissed the medical malpractice claim arising from the physician’s leaving gauze in a wound after a tumor removal, which resulted in recurrent infections and the patient’s eventual death. A nurse expert witness for the estate failed to show she was qualified to comment on a physician’s standard of care. Her opinion failed to identify medical negligence. The claim is not exempted from the affidavit of merit requirement since the gauze was left during a nonsurgical procedure. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: July 6, 2023, Case #: 82898, Categories: experts, wrongful Death, medical Malpractice
Per curiam, the circuit finds that the district court improperly dismissed wrongful death and medical malpractice claims brought against a medical care provider for a correctional facility. While each party's medical expert explained the inmate's death, the court veered into the territory of resolving contested facts rather than assessing relevancy upon discounting the widow's physician on procedural grounds and for being overly speculative concerning a defibrillator implant. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 17, 2023, Case #: 22-210, Categories: experts, wrongful Death, medical Malpractice