19 results for 'cat:"Tort" AND cat:"Medical Malpractice"'.
J. Thissen reverses the district court's grant of summary judgment to the care home in the patient's mother's wrongful-death action alleging that it negligently failed to contact emergency services or treat the patient when she inhaled food. The mother has enough evidence in the record to raise a question of material fact as to whether the care home caused her daughter's death. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: May 10, 2024, Case #: A22-1376, Categories: tort, Negligence, medical Malpractice
J. Fitzwater finds that a patient, who claimed that a veterans’ medical center failed to notify him about aspects of his heart and lung conditions and failed to take proper steps to care for aspects of his condition, has not provide sufficient evidence to prove his claims. The patient did not provide evidence that notification would have changed his health outcome and the overall body of evidence indicates that the treatment he received either did not fall below the standard of care or was not shown to have a connection to an adverse outcome.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 30, 2024, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, tort, medical Malpractice
J. Nardacci grants summary judgment to a nursing home facility on a late father’s estate’s negligence and substantive due process claims stemming from the man’s death while under the facility’s care and supervision, but preserves its claims for medical malpractice and federal and state public health law violations for trial. The court rejects the nursing home’s contentions that there is no private right of action against nursing homes under the Federal Nursing Home Reform Act or that it cannot be held liable for the decedent’s injuries.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 29, 2024, Case #: 1:19cv604, NOS: Other Civil Rights - Civil Rights, Categories: tort, Due Process, medical Malpractice
J. Biery adopts a report and recommendations and dismisses, with prejudice, a medical malpractice suit brought against an Army hospital under the Federal Torts Claim Act because the pro se patient has failed to timely respond to court motions and did not properly serve the Army hospital despite an order from a judge explaining how to do so.
Court: USDC Western District of Texas , Judge: Biery, Filed On: March 15, 2024, Case #: 5:23cv307, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, tort, medical Malpractice
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J. Fisher finds that the lower court properly declined to dismiss negligence claims contending a nursing home failed to sufficiently monitor a resident, who fell up to seven times before being transferred to another facility, where she died. Questions of fact remain unresolved as to whether the decedent received one-on-one supervision and whether various safety devices and alarms had been available to protect her. However, claims of medical malpractice should have been dismissed. Affirmed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 28, 2023, Case #: 535504, Categories: tort, medical Malpractice
J. Kunselman finds that the lower court properly entered judgment in favor of an eye doctor in this personal injury suit alleging he blinded a patient’s right eye by improperly injecting fluid into it. The patient failed to establish that the court abused its discretion by barring one of her experts from testifying at the jury trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: November 9, 2023, Case #: J-A18034-23, Categories: tort, Experts, medical Malpractice
J. Armstead determined the circuit court did not err when granting summary judgment in favor of a doctor and two medical institutions, who were sued by a patient for medical malpractice after he became addicted to prescription pain medications. The circuit court found the patient’s claims were barred by statutes of limitations under the West Virginia Medical Professional Liability Act. He had two years to file a complaint after submitting an intent to sue in May 2018, but did not file a completed notice of claim or certificate of merit until July 2020.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-158, Categories: tort, Negligence, medical Malpractice
J. Peterson finds that the lower court improperly found for the hospital in a medical malpractice action stemming from a baby's severe brain injury due to lack of oxygen during the labor and delivery process. Due to the specific rules the hospital placed on the doctor regarding medical decision-making, the mother raised a genuine issue of fact as to whether the doctor was the hospital's implied agent. Reversed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: October 26, 2023, Case #: 220008, Categories: tort, medical Malpractice
J. Cabret finds against the government hospital in its appeal of a superior court order denying its motion for a bench trial in the patient's lawsuit over what he claims was the hospital's staff's negligence in failing to properly diagnose and treat his broken pelvis after he was in a car accident. Because the question of whether the hospital is entitled to a bench trial instead of a jury trial given of its potential waiver of sovereign immunity and the details of the Tort Claims Act is "effectively reviewable" after the lower court's final judgment, essential requirements for review are not satisfied and there is not yet jurisdiction to hear the hospital's interlocutory appeal, which is dismissed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: September 21, 2023, Case #: 2023 VI 11, Categories: tort, Jurisdiction, medical Malpractice
J. Conley partially grants motions in limine from the father, the therapist, the clinic and insurance companies in the father's medical malpractice lawsuit alleging that, during behavioral health therapy, the therapist planted false memories in his daughter's head that he raped her as a child. The father's motions to exclude testimony mentioning the net worth of his own father and two criminal charges he faced in his past are granted, and his motion to exclude testimony on whether he and his wife acted appropriately as his daughter's parents, especially regarding their reaction to alleged abuse of the daughter by her cousin, is denied. The therapist's, insurance companies' and clinic's motions to exclude opinion testimony about any other witness's credibility and testimony about the doctor's psychological state when she testified at a child protective services case are granted, and the therapist's motion to exclude testimony from a doctor testifying as an expert for the father concerning his opinion that she is the "worst" or "most incompetent" therapist he has encountered is denied, so long as he does not get into hyperbole and sticks to what is filed in his expert report. Other motions in limine regarding admissible testimony and other matters, including regarding the therapist's quality of care and other false memory lawsuits, are reserved for discussion at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 28, 2023, Case #: 3:20cv814, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, tort, medical Malpractice
J. Pepper adopts the magistrate judge’s recommendation to dismiss the daughter’s wrongful death and medical malpractice lawsuit against the hospital, hospice, nursing home and medical workers over the death of her mother, as well as alleged harassment and discrimination from her neighbors. Because none of the daughter’s claims coherently invoke federal law, her objections to the magistrate’s recommendation are overruled and the case is dismissed for failure to state a claim.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 13, 2023, Case #: 2:21cv1440, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: tort, Negligence, medical Malpractice