77 results for 'cat:"Negligence" AND cat:"Medical Malpractice"'.
J. Molaison finds that the trial court should not have denied an animal hospital's motion for summary judgment on a dog owner's claim that the dog was misdiagnosed. In this case, the dog owner's expert did not meet the statutory criteria because she did not graduate from an accredited school of veterinary medicine, was not licensed to practice veterinary medicine, and was not practicing veterinary medicine. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: January 31, 2024, Case #: 23-C-510, Categories: negligence, Experts, medical Malpractice
J. Bourliot finds that the trial court properly denied the healthcare parties' motion to dismiss a patient's medical malpractice suit over an alleged unnecessary surgery by a podiatrist to address her bunion. The patient's amended expert report was sufficient to meet statutory requirements as to applicable standards of care, the doctor's alleged breaches and the cause of the patient's injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: January 25, 2024, Case #: 14-22-00874-CV, Categories: negligence, Experts, medical Malpractice
J. Cote partially grants the fertility clinic's motion to dismiss claims stemming from the loss of a woman's frozen eggs. All the woman's claims sound in ordinary negligence rather than medical malpractice, so the malpractice claim must be dismissed. Further, there is no evidence that the clinic made knowingly false statements about the quality of its services, so her fraud claims are also dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: January 24, 2024, Case #: 1:23cv4503, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, negligence, medical Malpractice
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J. Hecht finds that the court of appeals improperly ruled against a doctor in a negligence case filed by a patient who was treated for a rattlesnake bite. The patient argues that the doctor acted negligently by not immediately treating the patient with antivenom, allegedly causing lasting pain. A physician may be held liable if they are found to have acted with "willful and wanton negligence," but the patient failed to present any evidence showing the doctor acted in such a way. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: January 12, 2024, Case #: 22-0835, Categories: negligence, medical Malpractice
J. Leggatt finds a lower court improperly dismissed a group of separate families' motion for claims of emotional distress. A group of hospital administrators argued that they were not obligated to protect family members from witnessing the deaths of their decedents. However, the families sufficiently showed in court that the administration failed to provide them with mental health services as a result of the deaths, which falls under medical negligence. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: January 11, 2024, Case #: 2024UKSC1, Categories: Health Care, negligence, medical Malpractice
J. Wicker finds the trial court erred in granting dilatory exceptions of prematurity to the health care provider and facility, which may have been negligent in allowing a psychiatric patient, admitted against his will, to open a third-story window and jump out, injuring him. The provider and facilities are not protected by Louisiana’s medical malpractice statute because the patient made no claims about his medical condition or treatment. Rather, the claims are based on professional training and competence, as well as the hazardous conditions of the facility. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-CA-132, Categories: negligence, medical Malpractice, Premises Liability
J. Whitney denies a health care system’s motion to dismiss medical malpractice claims brought by a patient and his wife after a nurse administered a medication that caused the patient to suffer a second stroke. The patient and his wife’s amended complaint does satisfy federal rules, so the system is denied its motion. Also, the system is only partially entitled to summary judgment. While it correctly asserts that it was in no way responsible for the treatment given the patient, questions as to the patient’s negligent hiring and supervision claim and his wife’s loss of consortium claim still stand due to remaining disputes of material facts.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:22cv317, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, negligence, medical Malpractice
J. Gamble finds that the lower court properly dismissed medical negligence claims brought after a patient's airway clogged with mucous, swelled up and blocked a tracheal tube from being inserted, leading to death, because the estate failed to prove medical providers fell below the standard of care.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: December 6, 2023, Case #: 22-1908, Categories: negligence, medical Malpractice
J. Davies finds a lower court improperly dismissed a mother's medical malpractice claims against a hospital. The hospital argued that it was not responsible for injuries to her infant's brain during delivery. However, the mother presented sufficient evidence in court that the hospital failed to prevent the infant from suffering acute profound hypoxic ischemia prior to and during childbirth, which resulted in permanent brain damage and a diagnoses of quadriplegic cerebral palsy. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: November 15, 2023, Case #: CA-2022-2143, Categories: Health Care, negligence, medical Malpractice
J. Hunt partially grants the federal government’s motion to dismiss a negligence suit brought by a trucking company whose driver caused a fatal car crash after he suffered a heart attack behind the wheel. A year before the crash, a medical examiner from the federal Motor Carrier Safety Administration cleared the driver for duty with a bogus medical report that omitted how the driver had major heart surgery several years prior. The court dismisses the indemnification claim against the federal government, but the remaining negligence claims survive.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: November 14, 2023, Case #: 1:22cv3747, NOS: Other Statutory Actions - Other Suits, Categories: Government, negligence, 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
Per curiam, the appellate division finds that the lower court properly dismissed this medical malpractice action against the nursing home. There is no evidence linking the nursing home's failure to administer the usual prescribed medication during a relocation to another facility and her fall after he return to its facility. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 31, 2023, Case #: 05481, Categories: negligence, medical Malpractice
J. Nowell finds that the lower court properly ruled in favor of the surgeon following a jury trial in this negligence lawsuit alleging that a surgical sponge was left inside the patient. The evidence sufficiently supported the jury's finding that the surgeon was not negligent. The record indicates that the surgeon was told that the sponges were all accounted for. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 24, 2023, Case #: 05-22-00813-CV, Categories: negligence, medical Malpractice
[Consolidated.] J. Genovese finds that the trial court properly declared that the gross negligence standard of the statute should not be applied by a medical review panel when the medical treatment occurred during a declared state of public health emergency. Under the Louisiana Medical Malpractice Act, a medical review panel applies its medical knowledge to determine whether a health care provider upheld the medical standard. The standard of care applied by a medical review panel when giving their expert opinion is limited to their expertise relative to a medical standard of care, not a legal one. Since the medical review process is not a civil proceeding, the Louisiana Health Emergency Powers Act has no application in the medical review panel process. Affirmed.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: October 20, 2023, Case #: 2023-C-00483, Categories: negligence, medical Malpractice
J. Lovric grants a self-represented litigant’s application to proceed in forma pauperis and simultaneously dismisses, for lack of subject matter jurisdiction, her medical negligence claims which allege a doctor employed with the Broome County Sheriff’s Department failed to order the appropriate blood tests for her, which required her to receive a large blood transfusion. Her claims are not actionable under federal law.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: September 29, 2023, Case #: 3:23cv1107, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Jurisdiction, medical Malpractice