423 results for 'cat:"Medical Malpractice"'.
J. Gruber finds the circuit court improperly granted the stroke patient's motion to enforce settlement. The patient, who was a registered nurse at the hospital, alleges that doctors' negligence damaged her and the relationship between her and her spouse. Through the trial's resulting joint stipulation and various negotiations, the hospital offered a settlement of $4.75 million. Further negotiations resulted in a potentially larger settlement, with the hospital's CEO opting to not respond with any further offers. Testimony from the hospital's litigation officer, a mediator, and the patient's trial counsel, though found to be credible, was mostly subjective, and cannot overcome the CEO's directive under the cited caselaw. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 15, 2024, Case #: CV-22-799, Categories: Settlements, Negligence, medical Malpractice
Per curiam, the appellate division finds that the lower court improperly dismissed the patient's medical malpractice claim stemming from the hospital's alleged failure to timely diagnose her preterm labor, resulting in her baby being born with cerebral palsy. The hospital cannot simply assert that its doctors did not deviate from accepted medical practice to avoid liability without making a specific showing of its practices that resulted in the alleged injury. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 15, 2024, Case #: 02712, Categories: medical Malpractice
J. Torbitzky finds that the lower court improperly ruled for the chiropractor who broke three of a patient's ribs during a spinal adjustment. It is a disputed issue of material fact regarding whether the chiropractor used excessive force during his treatment, causing the patient's injuries. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: May 14, 2024, Case #: ED111973, Categories: medical Malpractice
J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent’s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: Civil Procedure, Wrongful Death, medical Malpractice
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J. Huddle finds that the court of appeals improperly ruled against a doctor being sued by a woman who says the doctor failed to sterilize her, leading to an unwanted pregnancy. The state does not recognize the birth of a healthy child as an injury for which a parent can seek damages. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 10, 2024, Case #: 22-0410, Categories: Damages, Negligence, medical Malpractice
J. Zayas finds the trial court properly joined both spine surgery patients into a single jury trial. Although the patients dealt with the same type of spine condition generally, each patient had its own expert testify about specific conditions that led each to seek treatment from the surgeon, which allowed the jury to separate and analyze the evidence. Meanwhile, the lack of evidence to support prejudgment interest on damages precluded the trial court from granting the patients' request; therefore, the interest award will be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: May 10, 2024, Case #: 2024-Ohio-1776, Categories: Civil Procedure, Damages, 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
Per curiam, the appellate division finds that the lower court improperly dismissed a medical malpractice and ordinary negligence suit. At the nursing home facing the claim, registered nurses performed all patient assessments, so the claimant's nursing expert had the requisite experience to opine as to whether the fall in question could have been prevented. Further proceedings are needed since challenges regarding an expert's qualifications do not affect the admissibility of their testimony, but rather the weight it should be afforded. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: 02608, Categories: Experts, medical Malpractice
J. Powell finds the lower court properly determined the originating court lacked jurisdiction. A patient in southwestern Virginia went to a medical center in nearby North Carolina for evaluation and treatment after complaining of a rash. Doctors met with the patient multiple times and communicated with the family via phone when they had inquiries. Despite seeing the patient for a long period, the doctors continued to push off having a biopsy done, allowing his soon-to-be-discovered skin cancer to increase in severity. The emails, text messages, and telephone calls from the North Carolina doctors constituted transacting business for the purpose of exercising longarm jurisdiction. Still, the communications did not qualify activities taking place within Virginia. The actual treatment occurred in North Carolina and the medical center did not maintain a presence or solicit business in Virginia. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: May 9, 2024, Case #: 230260, Categories: Jurisdiction, medical Malpractice
[Consolidated.] J. Ervin-Knott finds that the trial court properly found for the medical provider on a patient's claim that his mental disorder was misdiagnosed, and he was overprescribed Adderall. In this case, the medical provider admitted the medical review panel's unanimous opinion that the medical provider did not breach the applicable standard of care. Further, the patient admitted that he did not retain an expert to support his case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: May 8, 2024, Case #: 2024-CA-0010, Categories: Evidence, medical Malpractice
J. Stone finds that the trial court properly dismissed a claim of the patient, who appeared individually and on behalf of the class of plaintiffs he seeks to represent. The patient alleged that he was “unlawfully” billed for medical services by a hospital. In this case, the patient's claim is untimely under the Balance Billing Act because more than one year has passed since the hospital asserted and collected on the medical lien. Further, the record shows that the patient made an explicit agreement to assign both his health insurance benefits and his tort recovery to the hospital in the event that his bill was not paid in full upon discharge. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: May 8, 2024, Case #: 55,525-CA, Categories: medical Malpractice, Class Action
J. Langholz finds that a doctor was improperly found liable for medical malpractice following an episiotomy performed during the birth of plaintiff's first child because the lower court improperly allowed information about suture sizes to be presented to the jury absent expert evidence supporting causation for that theory. Reversed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: May 8, 2024, Case #: 22-2048, Categories: Experts, medical Malpractice
Per curiam, the appellate division finds that the lower court properly declined to declare the location of the border between the parties' properties, which effectively granted one owner a strip of land measuring barely four feet wide. The practical location of a boundary line and an agreement to it concludes the location of such a boundary so long as there is mutual acquiescence. The deeds in question clearly demarcate the adjoining properties and have been marked physically with a cinder block wall for over 10 years. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 8, 2024, Case #: 02519, Categories: Experts, 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. Smith finds that the trial court properly ruled against a doctor's motion to dismiss a negligence case filed against her by the mother of a child who committed suicide a day after being discharged from the doctor's care. On appeal, the doctor argues that she is entitled to dismissal of the case because the mother's expert report "lacks any evidence" to show that the care she provided was negligent and subsequently led to the suicide. The expert report provides a sufficient summary of the facts and establishes a line of causation from the doctor's care to the suicide. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 03-22-00177-CV, Categories: Negligence, Experts, medical Malpractice
J. Bulla finds the district court improperly dismissed the professional negligence action. The spinal surgery patient experienced pain, numbness and paralysis in his left leg after surgery, filing suit more than two years after an MRI showed the presence of a hematoma. Irrefutable evidence does not support the patient was placed on inquiry notice at this time. The patient's degree of diligence was diminished while under the surgeon's care, being continually reassured his condition would improve. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: April 25, 2024, Case #: 86005-COA, Categories: Negligence, medical Malpractice
J. Goodman finds the lower court properly denied an anesthesiologist's motion to dismiss for failure to comply with the expert report requirements of the Texas Medical Liability Act. A mother sued the anesthesiologist, alleging negligence after administering an epidural during the birth of her son, resulting in a permanent brain injury to the child. But the mother failed to serve an amended expert report by the 30-day deadline, so the anesthesiologist entered a motion to dismiss. The lower court denied the motion, and the anesthesiologist argues it should have been granted because the lower court errantly granted the mother an extension, implying a deficiency in the expert report. The instant court agrees the extension was erroneously granted, but alone does not indicate an issue with the report, and on review finds the causation opinion in the original report to be adequate, and the expert qualified. Affirmed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: April 25, 2024, Case #: 01-23-00817-CV, Categories: Negligence, Experts, medical Malpractice
Per curiam, the appellate division finds that the lower court properly denied the patient's motion for leave to amend the bill of particulars in a medical malpractice claim. The patient's excuse that she only learned of the new claims after the parties' depositions is not reasonable, as the medical records should have informed her of these claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02262, Categories: Evidence, medical Malpractice
J. Volk grants the government's motion for summary judgment in 27 former Beckley Veterans Medical Center patients' suits claiming they contracted infectious diseases from the uncredentialed use of acupuncture by Dr. Jonathan Yates. The 27 patients' claims are barred by res judicata since they all previously filed suits against Yates for malpractice and, prior to the government filing responsive pleadings, signed releases from any claims arising from Yates' medical negligence including those "unknown" or "unsuspected."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: April 24, 2024, Case #: 5:23cv243, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Health Care, medical Malpractice
J. Schlegel finds that the trial court properly found for a medical provider on a patient's medical malpractice claim. In this case, the patient did not present expert testimony on the issue of causation on his allegation that nursing staff failed to provide prompt treatment for an infection in his
left leg, resulting in the amputation of his left leg above his knee. The patient has a complicated medical history, including years of drug addiction, and expert testimony would have to be required to show that the medical provider's deviation from the standard of care led to his amputation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: April 24, 2024, Case #: 23-CA-452, Categories: Experts, medical Malpractice
J. Savoie finds that the trial court improperly denied the hospital's dilatory exception of prematurity filing, which argues that the patient's lawsuit falls under the Louisiana Medical Malpractice Act (LMMA), and thus a medical review panel must review it first. The trial court relied on inapplicable precedent when making its ruling, the patient's allegations require expert medical testimony about the hospital's standard of care, and the hospital performing the assessment of the patient as one at high risk of fall is within the scope of its licensed activities, which all fall under the LMMA. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 24, 2024, Case #: CA-23-434, Categories: Experts, medical Malpractice
J. Berkenkotter finds the lower court erroneously determined a trial court may use external evidence, including the insurance coverage of a plaintiff, to determine whether a prevailing plaintiff in a medical malpractice suit is entitled to exceed the statutory damages cap of $1 million because it allows tortfeasors to benefit from collateral payments made on behalf of a victim. Therefore, the case will be remanded to the trial court to allow for proper calculation of damages based on the jury's original award. Reversed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: April 22, 2024, Case #: 2024CO22, Categories: Insurance, Damages, medical Malpractice