28 results for 'cat:"Health Care" AND cat:"Experts"'.
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. Zimmerer finds that the trial court improperly dismissed healthcare liability claims against the medical center. The family members' expert report sufficiently states the causal relationship between the alleged breaches of the standard of care that led to the death of the decedent from septic shock. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 16, 2024, Case #: 14-22-00911-CV, Categories: health Care, experts
J. Spain finds the lower court properly dismissed a matter concerning billing by an Emergency Medical Service (EMS). EMS treated and transported a patient with minor injuries to a local hospital for further treatment. The patient argues he was billed by EMS for basic life saving emergency transport, which he claims he did not receive. EMS claims the service was rendered, and the matter is one of healthcare liability in which the patient did not satisfy the necessary requirements to move his complaint forward; specifically, the patient did not provide an expert report by the statutory deadline. The lower court agreed with EMS and dismissed the case. On review, the instant court finds no error in the lower court determination. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: March 14, 2024, Case #: 14-22-00671-CV, Categories: health Care, experts, Business Practices
J. Parker finds that the lower court properly denied the appellants' motion to dismiss this health care liability action stemming from the death of a nursing home resident. The resident allegedly died from hypothermia after a window was left open at the assisted living facility where she lived. The nurse and the director challenge the proffered experts' qualifications "to opine on the applicable health care standards." However, the experts included two licensed nursing home administrators and a forensic pathologist. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 23, 2024, Case #: 07-23-00392-CV, Categories: health Care, experts, Medical Malpractice
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J. Hinderaker grants an employment screening service's motion for summary judgment concerning Fair Credit Reporting Act violations brought by a former nurse, who's licensed was revoked by department of health and human services. The screening service sufficiently showed in court that the FCRA allows it report that the former employee is excluded from gaining employment in the federal healthcare arena.
Court: USDC Arizona, Judge: Hinderaker, Filed On: February 22, 2024, Case #: 4:22cv206, NOS: Consumer Credit - Other Suits, Categories: Employment, health Care, experts
J. Joseph denies a request by the corporate operator of a community water system and its insurer to stay a potential class action by customers who allege they are being harmed by the company's failure to adhere to drinking water laws and regulations. Specifically, the ruling rejects the corporation's petition to refer the environmental suit's claims to the Louisiana Department of Health for the regulatory agency's opinion regarding whether the water the supplier provides is fit for human consumption. The argument that this case involves complex factual and scientific questions that are outside the court's conventional experience is unpersuasive.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: February 9, 2024, Case #: 6:23cv401, NOS: Environmental Matters - Other Suits, Categories: Environment, health Care, experts
J. Trotter finds that the lower court improperly denied the appellants' dismissal motion in this health care liability lawsuit based on the appellee's alleged failure to timely serve them with the expert report and curriculum vitae. The appellee "failed to timely effectuate service of her expert reports" as required, and the parties did not agree to an extension. Reversed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: February 8, 2024, Case #: 11-23-00027-CV, Categories: Civil Procedure, health Care, experts
J. Hixson finds the county court properly found for the medical center. The mother who underwent an emergency c-section brought negligence claims against the doctor after she experienced a surgical wound separation, which was repaired, then, 9 years later, underwent a hiatal hernia repair procedure. No information in the mother's Cameroonian gynecological expert's affidavit would allow one to conclude that he is qualified to testify on the standard of care in performing c-sections in the U.S. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson , Filed On: February 1, 2024, Case #: 120354, Categories: health Care, International Law, experts
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. Kobes finds a lower court properly imposed a mental competency evaluation on a defendant who was indicted for being a felon in possession of a firearm. The defendant, who suffers from schizophrenia, argued that the government was not entitled to medicate him to restore his competency in order to stand trial. However, a chief of psychiatry, chief of psychology, and a physician presented sufficient evidence in court that a proposed treatment plan that included antipsychotic medicine would improve his quality of life. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: December 5, 2023, Case #: 23-1164, Categories: Civil Rights, health Care, experts
J. Wolf grants a religious institution’s motion to permit their expert to conduct an independent mental examination of a woman suing the group for injuries she allegedly suffered because she was sexually abused by the group’s priests while living as an orphaned child under their care. Controversy exists over the woman’s condition because her medical records are mostly handwritten notes written by her expert witness, who is her treating psychiatrist and psychotherapist, which the religious organization’s expert found unhelpful.
Court: USDC Maine, Judge: Wolf, Filed On: November 3, 2023, Case #: 1:22cv381, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, health Care, experts
J. Tijerina finds that the lower court properly dismissed the appellants' claims against the critical care physician in this health care liability action. The expert report failed to link the physician to the patient's alleged injuries. Additionally, the lower court should have awarded attorney fees to the physician, and that issue should be remanded for further proceedings. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 2, 2023, Case #: 13-22-00005-CV, Categories: health Care, experts, Attorney Fees
J. Gruber finds the Worker’s Compensation Commission properly determined that the employee failed to prove that she sustained a compensable injury to her lower back related to a compensable knee injury sustained while pushing a pallet cart loaded with wood. The employee complained of further pain after a knee replacement, which led to extensive treatment by several physicians resulting in the eventual discovery of the back injury. Conflicting medical evidence as to the relatedness of the injuries was properly considered. The commission has the authority to accept or reject medical opinion and to determine the opinions’ medical soundness and probative force. No error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 1, 2023, Case #: CV-22-781, Categories: health Care, experts, Workers' Compensation
J. McCafferty grants in part a college’s motion to exclude an expert, for a medical student it expelled for sexually assaulting another medical student, from providing testimony regarding the student’s lost wages and earning capacity. The expert is qualified to give the testimony and used a credible methodology, but her testimony regarding the student’s potential future career in cardiology should be excluded because he chose to pursue internal medicine rather than cardiology.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: October 18, 2023, Case #: 1:22cv18, NOS: Education - Civil Rights, Categories: Education, health Care, experts
J. Beatty rules a group of expert witnesses may partly submit opinions in court concerning a patient who suffered a miscarriage of a fetus with abnormal chromosomes, which could have been discovered in genetic screening of the father, who has four- way translocation. The group of expert witnesses may submit opinions of standard of care, but not theories of independent conception.
Court: USDC Southern District of Illinois, Judge: Beatty , Filed On: September 29, 2023, Case #: 3:20cv10, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, experts, Medical Malpractice
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled to dismiss a lawsuit brought against a residential care facility by an individual who was injured while showering unsupervised. The individual, who is non-verbal and has physical disabilities, provided expert reports suggesting that the facility was liable for his injuries because he was left unsupervised and was not taken to the hospital soon enough after the incident. The court of appeals found that the reports were insufficient to establish a standard of care, but the reports are sufficient to provide a fair summary of the standard of care the individual should have received and how the facility was in breach of that standard. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 22-0317, Categories: health Care, experts
J. Russell partially grants the county's motion to exclude certain expert opinion testimony in this lawsuit brought by the parents of a detainee who died while in detention, due to a perforated ulcer. The medical doctor's testimony will be limited to "her opinions concerning the quality of medical care provided" to the detainee. Also, the retired police officer will be allowed to testify as to "proper procedures for monitoring inmates or responding to emergency situations," though he cannot offer inappropriate legal conclusions.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: August 23, 2023, Case #: 5:20cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, health Care, experts
J. Marconi affirms the Compensation Appeals Board’s decision to grant an insurance carrier’s request to reduce an individual’s temporary total disability benefits to the diminished earning capacity rate. The testimony of the individual and the experts who treated her were inconsistent with each other, so an independent expert’s opinion was honored over their opinions.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: August 16, 2023, Case #: 2021-0153, Categories: health Care, Insurance, experts
J. Guidry, following a non-jury trial, denies a seaman’s request for punitive damages against his employer for failing to pay for a radio frequency ablation procedure on his strained back recommended by his board-certified neurological surgeon. The procedure is a pain relief treatment that will not improve the seaman’s back injury. The ruling approved a minimally invasive spinal fusion operation for the deckhand recommended by the employers’ independent physician.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: July 11, 2023, Case #: 2:22cv237, NOS: Marine - Contract, Categories: Employment, health Care, experts
J. Busby finds that the court of appeals improperly ruled in favor of a daughter in her lawsuit against an assisted living facility where her mother, a resident of the facility, sustained injuries that subsequently led to her death. The claims brought by the daughter fall under the Texas Medical Liability Act, a statute that requires an expert report to be filed with the court. The daughter's claims should have been dismissed because she failed to provide the report. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: June 30, 2023, Case #: 21-0470, Categories: health Care, experts
J. Carlyle finds that the lower court properly denied the corporate appellant's dismissal motion in this health care liability case. The suit arises from the alleged death of a patient following an "elective plastic surgery." The corporate appellant failed to timely object "to the expert report's sufficiency regarding appellees' ostensible-agency theory." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 24, 2023, Case #: 05-22-01275-CV, Categories: health Care, experts
J. McCalla grants the defendant nursing facility's motions to exclude certain expert testimony and for summary judgment in this nursing home negligence lawsuit. The expert does not meet the requirements of the locality rule, as he is unfamiliar with "the local medical community." Once his testimony is excluded, the medical malpractice case cannot move forward, as there is no expert testimony regarding the standard of care in the community.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 17, 2023, Case #: 2:22cv2220, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, experts, Medical Malpractice