423 results for 'cat:"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
[Consolidated.] J. Lanzinger finds the trial court improperly granted the estate's motion to limit the hospital's cross-examination of its expert witness regarding the suspension of his medical license. The suspension was the direct result of fraudulent bookkeeping, which reflects directly on the witness's truthfulness and character and may have affected the ultimate decision of the jury. Reversed.
Court: Ohio Court Of Appeals, Judge: Lanzinger, Filed On: April 22, 2024, Case #: 2024-Ohio-1518, Categories: Experts, medical Malpractice
J. Cetrulo finds that radiologists were improperly granted summary judgment in claims contending they misread x-rays that had been requested to determine whether a needle had broken off in a patient's knee during surgery because an orthopedist who may have lacked qualifications to testify as an expert in the field of radiology had been qualified to testify concerning the radiologists themselves. Reversed in part.
Court: Kentucky Court Of Appeals, Judge: Cetrulo, Filed On: April 19, 2024, Case #: 2023-CA-0748-MR, Categories: Experts, 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
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J. Currier finds that the trial court improperly allowed plaintiff to continue medical malpractice claims contending the patient suffered a deadly allergic reaction to medication because no basis existed for the judge to direct one of the physicians to certify that he prescribed allopurinol in his capacity as a gastroenterologist because that prescription was at the heart of the "care and treatment" at issue. Reversed.
Court: New Jersey Appellate Division, Judge: Currier , Filed On: April 18, 2024, Case #: A-3847-22, Categories: medical Malpractice
J. Longoria finds that the lower court properly denied the doctor's dismissal motion in this health care liability lawsuit stemming from a procedure to remove a possible lipoma that allegedly resulted in an injury to the patient's liver. The doctor contends that the expert report is insufficient as to causation, but the court notes that the report "need not marshal all the plaintiff's proof necessary to establish causation at trial." Also, the expert sufficiently linked "his conclusions with the underlying facts." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00504-CV, Categories: Experts, medical Malpractice
Per curiam, the court of appeals finds that the appellate division improperly dismissed medical malpractice claims brought after a month-old infant died at a clinic following treatment for flu-like symptoms because triable issues of fact exist concerning placement of the endotracheal tube. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 70 SSM 2, Categories: medical Malpractice
J. Shulman finds that the lower court properly found that a couple cannot sue a fertility clinic for medical malpractice for the failure to properly store their embryos. However, the couple's negligence claims are reinstated, as experts presented conflicting testimony regarding the potential impact of the cryopreservation process on the embryos. It is up for a jury to determine whether the embryos were already in poor condition when preserved, or if the clinic allowed them to degrade. Reversed in part.
Court: New York Appellate Divisions, Judge: Shulman, Filed On: April 18, 2024, Case #: 02088, Categories: Health Care, Negligence, medical Malpractice
J. Sannes adopts a magistrate judge’s order in full and dismisses an unrepresented litigant’s medical malpractice and disability discrimination claims against an upstate New York health care provider. His claims for medical malpractice are not actionable under the ADA or the Rehabilitation Act, and he fails to provide any evidence that would suggest discriminatory animus on the basis of a disability. Additionally, the court reaffirms the judge’s order denying his request to make his medical records public, as it would violate the court’s standard practice.
Court: USDC Eastern District of New York, Judge: Sannes, Filed On: April 17, 2024, Case #: 8:24cv27, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, medical Malpractice
J. Barrett finds the circuit court properly granted the hospital's motion to dismiss the medical malpractice suit. The patient argues her attorneys did not engage in unauthorized practice of law, saying the Michigan attorneys (not licensed in Arkansas) tolled the limitations period when they served the notice of intention to file. The notice was correctly found to be a nullity because the attorneys were engaged in unauthorized practice of law. The notice was also correctly found to be deficient. Furthermore, the action was filed beyond the two-year medical malpractice limitations period. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 17, 2024, Case #: CV-23-143, Categories: Licensing, Due Process, medical Malpractice
Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: Damages, medical Malpractice
Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: Damages, medical Malpractice
J. Garry finds that the lower court properly dismissed medical malpractice claims brought after thyroid removal surgery paralyzed a patient's left vocal cord. The surgeon failed to discuss partial removal, which he considered inadvisable, as an alternative, but he provided sufficient information for a "reasonably prudent person" to possess advised consent. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 11, 2024, Case #: 535660, Categories: medical Malpractice
J. Aoyagi finds the trial court erred in finding defendants’ status as medical or pharmaceutical providers insulated them from the general obligation to avoid creating foreseeable risks of physical harm to others. “Defendants allegedly breached their statutory standards of care to their patient.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 10, 2024, Case #: A176439, Categories: Negligence, medical Malpractice
J. Ellender finds that the trial court properly sustained exceptions of prematurity filed by a nursing home on a family's negligence suit related to the death of their grandmother while she was a nursing home resident. In this case, the alleged failure to diagnose and provide healthcare to the grandmother falls under the definition of healthcare. If a procedure in a given case is deemed to be healthcare, it falls under Louisiana Medical Malpractice Act and must go before the medical review panel before a tort suit can proceed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,516-CA, Categories: Civil Procedure, Negligence, medical Malpractice
J. Hunter finds that the trial court properly found a laser center liable for medical malpractice for injuries related to a patient's tattoo removal. The evidence shows that the technician who performed the tattoo removal did not properly perform a test patch, and repeatedly assured the patient that she was healing normally despite the patient's scarring. Further, the patient's expert opined that the technician performed a dermatological procedure without a medical license and was not properly monitored by a medical professional. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: April 10, 2024, Case #: 55,529-CA, Categories: Evidence, medical Malpractice
J. Hunter finds that the trial court properly granted a motion to compel an independent medical examination filed by the Patient’s Compensation Fund related to a patient's medical malpractice suit against the medical providers for not timely diagnosing her with spinal cord compression. The patient does not show that the Patient Compensation Fund is trying to deprive the patient of her entitlement to future medical care and related benefits or deny her access to the courts. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter , Filed On: April 10, 2024, Case #: 55,471-CW, Categories: Evidence, medical Malpractice
J. Arterburn finds the trial court improperly granted summary judgment to a hospital on medical malpractice claims filed by a widow and estate administrator after her husband died following an emergency room visit. The husband died at home from coronary artery disease after the emergency room doctor diagnosed and treated him for a head injury incurred at work. The court improperly denied the wife's motion to compel and granted the hospital’s motion for a protective order. Though the court correctly received the doctor's affidavit, it improperly declined to receive the wife's expert's affidavit stating the hospital violated standards of care involving the husband's history of heart disease. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-339, Categories: Negligence, Experts, 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
J. Mann finds the lower court improperly refused to submit a jury instruction supporting the hospital's theory of the case. A test conducted at an emergency room showed a patient's blood sodium level to be low. Still, the doctor missed the abnormality and sent the patient home with instructions to see her family doctor and a gastroenterologist for abdominal pain. Two weeks later, the patient collapsed and suffered a head wound. The patient successfully sued the hospital and doctor for failure to diagnose her with low blood sodium levels. The defense offered superseding-cause instructions and also one telling the jurors that if the injuries could have resulted from multiple possible causes, at least one of which wasn’t the doctor’s fault, and they couldn’t ascertain which one was the cause, they had to return a defense verdict. The offered instruction was a correct statement of the law and was supported by more than a scintilla of evidence. Reversed.
Court: Virginia Supreme Court, Judge: Mann, Filed On: April 4, 2024, Case #: 230199 , Categories: Jury, Due Process, medical Malpractice
J. Bock finds the trial court properly denied a doctor and his employer’s request for judgment and motion for credit in this medical malpractice lawsuit. The doctor and his employers argue that the trial court erred in awarding the family prejudgment interest, but did not object to the holding of a prejudgment interest hearing, nor did they respond. The assignments of error are overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: April 3, 2024, Case #: 2024-Ohio-1258, Categories: Enforcement Of Judgments, medical Malpractice
J. Thyer finds the trial court properly found for a surgeon on a spinal fusion patient's action, filed after she experienced complications that resulted in the surgeon removing a screw that had been pressing on a nerve. An expert testified within a reasonable degree of medical certainty that the surgeon's actions had not fallen below the standard of care and were not the proximate cause of the patient's complications. The patient has not shown a genuine issue of material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-396, Categories: Negligence, medical Malpractice