104 results for 'nos:"Personal Injury - Medical Malpractice - Torts - Personal Injury"'.
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. Burkhardt grants the government's motion to compel the release of a civilian's medical records in relation to claims that the Department of Veterans Affairs personnel failed to diagnose a retinal tear in his left eye. The civilian's medical and mental health records are relevant to determining whether he suffered from pre-existing injuries. However, the government is only entitled to records beginning five years prior to the incident at issue, rather than its request for records dating back 13 years.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: January 22, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Discovery, Medical Malpractice
J. England partially grants the United States’ motion to exclude a patient’s two expert witnesses in this medical malpractice lawsuit. The patient alleges he had a stroke after doctors failed to administer antibiotics testing positive for enterococcus faecalis before discharging her. One of the experts, a long-time professor, does not meet the requirements because the testimony fails to demonstrate that he has performed basic emergency medicine. The other expert internist and hospitalist has served at several facilities, making him acknowledgeable as an expert; he agrees the standard of care was breached when the patient was sent home instead of being admitted. So the motion to exclude the professor expert is granted and the internist and hospitalist expert is denied. Summary judgment is denied at this stage.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 12, 2024, Case #: 2:21cv576, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Watson declines to dismiss claims brought by parents against the government and its hospital for negligence during the labor and delivery of their daughter, resulting in injury to the child. The parents' claims are timely even though the claims were brought more than two years after the birth. Hospital staff did not inform the parents at the time of the birth that a caesarian delivery should have been performed and only told the parents that the birth was complicated by the child's size and that she would fully recover, so accrual of the claim did not begin until the child was older and the parents noticed the effect of the injuries.
Court: USDC Hawaii, Judge: Watson, Filed On: December 20, 2023, Case #: 1:23cv300, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Medical Malpractice
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. Kindred denies in part the government's motion for summary judgment in a wrongful death suit. A patient was seen at a clinic for cold symptoms and was sent home with medication. After being seen a second time for fatigue, the patient continued to complain and request medical treatment, but a clinic staff member refused to see her a third time. The patient died that same day after complaining that she was having trouble breathing. The patient's loved one's claims for non-economic damages related to the patient's care continue.
Court: USDC Alaska, Judge: Kindred, Filed On: December 5, 2023, Case #: 3:21cv116, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Wrongful Death
J. Fitzwater denies, in part, the government's motion for summary judgment on a veteran's pro se medical malpractice action arising from treatment for his heart condition. There are questions of fact regarding his timely claims for delay in care of pulmonary vein stenosis and failure to diagnose, inform and treat pulmonary fibrosis.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: December 5, 2023, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Veterans, Medical Malpractice
J. Johnson denies the healthcare providers' motion to exclude expert testimony, ruling the estate's witness has worked closely with correctional facility nurses throughout his career and is well-acquainted with protocols at such facilities; therefore, he is qualified and his testimony will be highly relevant to the outcome of the case. Meanwhile, the estate's motion to limit the providers' expert testimony in granted in regard to potential hearsay about the victim's prior methamphetamine use because such statements would be outside the scope of the physician's area of expertise.
Court: USDC New Mexico, Judge: Johnson, Filed On: November 21, 2023, Case #: 1:22cv288, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice