40 results for 'cat:"Wrongful Death" AND cat:"Medical Malpractice"'.
J. Tufte finds that the district court properly entered an amended judgment dismissing a doctor and eye institute from a matter involving a truck collision with a horse-drawn hay trailer. The collision killed one of the six passengers on the horse-drawn trailer and injured the others. The doctor determined the truck driver to be legally blind, prepared a certificate of blindness, and instructed him and his spouse that he was not to drive. A second opinion from the doctor determined that the driver was "not to drive at night and only minimally during the day, no highways.” The passengers and their families claim that the doctor and institute are liable for medical malpractice because the driver's eyesight was still below the minimum vision standards required to operate a vehicle in North Dakota. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: April 19, 2024, Case #: 2024ND71, Categories: Vehicle, wrongful Death, 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
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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. Hall partially rules in favor of the doctor in a civil rights and medical malpractice action brought by the estate executor arising from the decedent's death. The executor alleged that the doctor failed to prevent the decedent's pressure ulcers from worsening. The executor lacks standing to bring a wrongful death claim against the doctor. However, a genuine issue of fact exists as to when the statute of limitations began to run on the medical malpractice claim. The doctor's motion to exclude an expert's opinions on causation is granted because the expert's differential diagnosis is not reliable. The expert failed to explain why she rejected other causes of the decedent's sepsis to find that the doctor's negligence caused the decedent's injury.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: February 20, 2024, Case #: 4:15cv149, NOS: Other Civil Rights - Civil Rights, Categories: 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. 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. Fischer finds that Ohio's statute or repose applies to all medical negligence and malpractice claims, including those for wrongful death; therefore, the appeals court erroneously reinstated the case against the hospital for the patient's death. The statute's language explicitly states it covers all medical claims, which unambiguously includes wrongful death actions. The statute governing those claims does not include any sections with a separate filing limitation; therefore, the trial court's dismissal will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 28, 2023, Case #: 2023-Ohio-4670, Categories: Civil Procedure, wrongful Death, medical Malpractice
J. Mize finds the trial court improperly granted a doctor’s motion of stay and compel arbitration in this wrongful death and medical malpractice suit brought by the parents of a professional baseball player for the Minnesota Twins’ Florida-based minor league team. Their son died from Wolff-Parkinson-White syndrome after he was cleared to continue participation, even though his EKG showed abnormalities. The court holds the parents’ claims were not subject to arbitration and the case is remanded back to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Mize, Filed On: December 8, 2023, Case #: 6D23-985, Categories: Arbitration, wrongful Death, medical Malpractice
J. Barrett finds the circuit court improperly granted summary judgment in favor of the surgeons in a medical malpractice case. The patient died during a kidney removal due to an injury to his abdominal aorta. Though the surgeons say their actions never fell below the standard of care, the record contains no description of how the injury occurred or what caused it and, therefore, material questions of fact remain. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: December 6, 2023, Case #: CV-22-94, Categories: wrongful Death, medical Malpractice
J. Coogler grants the United States’ motion to dismiss a son’s civil rights action on behalf of his deceased mother’s estate, alleging that she died while incarcerated due to deliberate indifference to her medical needs. The court partially grants the individual medical and prison officials’ motion to dismiss all claims but the deliberate indifference to medical needs claim. It is not clear if the clear medical records appeared in the doctor’s files on the decedent. The son is granted leave to file an amended complaint as to the remaining officials and medical staff.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 5, 2023, Case #: 7:20cv383, NOS: Other Civil Rights - Civil Rights, Categories: wrongful Death, medical Malpractice
J. Lambert finds the trial court improperly allowed the personal representative of the estate of a deceased family member to amend her wrongful death medical malpractice complaint against the inpatient services specialists, a doctor and others to add a claim for punitive damages. The care provided to the deceased, specifically after-hours care to treat complications from colon surgery, did not rise to the level of "intentional misconduct" or "gross negligence" such that a claim for punitive damages is supported by Florida statutes. On remand the trial court is ordered to deny the personal representative's motion to amend. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: November 21, 2023, Case #: 23-0346, Categories: Damages, wrongful Death, medical Malpractice
J. Hall denies the city and police officers' motion for summary judgment on ADA claims brought by the decedent's estate, ruling that even though the officers had been told the decedent was armed with knives, he was unarmed when he opened his apartment door. Therefore, the officers' decision to immediately tackle him to the ground despite knowing he had schizophrenia could be construed as a failure to accommodate and deliberate indifference.
Court: USDC Connecticut, Judge: Hall, Filed On: November 7, 2023, Case #: 3:20cv1834, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, wrongful Death, medical Malpractice
J. Biggs grants summary judgment to Rockingham County, a deputy sheriff and three paramedics who were sued for wrongful death by the family of a man who died of cardiac arrest at home after refusing the EMTs’ advice that he go to the hospital to treat his fever, low oxygen level and heightened respiratory rate. They properly determined he was alert and of sound mind when he repeatedly refused their assistance, so their behavior was not negligent, and the suing family did not bring an expert to testify to a medical malpractice claim. Additionally, the claim against the deputy is barred by public official immunity.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 6, 2023, Case #: 1:21cv95, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, wrongful Death, medical Malpractice
J. Fuller finds the trial court properly dismissed the parents' medical malpractice and wrongful death lawsuit against the health care system and doctors over their daughter's death two weeks after receiving care at the system's facilities for two days. In part given the timing of the filing of the parents' complaint, underlying statutes of limitation and filing deadlines, and the brief suspension of such deadlines during the Covid-19 pandemic in 2020, the trial court correctly determined the parents had not satisfied a Georgia-law requirement that they timely file an expert affidavit with their complaint, mandating dismissal. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: October 2, 2023, Case #: A23A0631, Categories: Civil Procedure, wrongful Death, medical Malpractice
J. Sullivan finds that the lower court properly ordered a surgical hospital to produce documents in this medical malpractice suit concerning a patient who ultimately died after having a heart attack following wrist surgery. The hospital fails to demonstrate that its employee solely created her notes during the root cause analysis to comply with the Medical Care and Reduction of Error Act (MCARE), so the hospital has not met its burden of invoking the privilege set forth in section 311 of MCARE. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: September 12, 2023, Case #: J-A03020-23, Categories: wrongful Death, Discovery, 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
J. Wolfe finds that the trial court properly awarded the individual $400,000 for survival and wrongful death claims after the choking death of her mother in a nursing home when she was given a sandwich despite being on a diet of pureed food. The Patient's Compensation Fund did not affirmatively plead its gross negligence defense, and the jury was properly instructed as to the "compliance and reporting requirements for nursing homes." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 5, 2023, Case #: 2022CA1288, Categories: Settlements, wrongful Death, medical Malpractice