81 results for 'cat:"Experts" AND cat:"Medical Malpractice"'.
J. Clark finds that the lower court improperly dismissed medical malpractice claims concerning injuries a child sustained at birth after precluding certain evidence and expert witnesses proffered by her mother. The mother's attorney precipitated sanctions by failing to respond to information requests and meeting deadlines, for which a $5,000 penalty should be levied. However, prejudice will not result, and the mother should be allowed to present an amended bill of particulars, a second amended expert disclosure statement, and an expert affidavit.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 20, 2023, Case #: 536157, Categories: Sanctions, experts, medical Malpractice
J. Torbitzky finds that the lower court improperly found the doctor not liable for medical negligence in the delivery of an infant. The infant became stuck in the birth canal and medical techniques used to get him out caused permanent paralysis in the child's right arm. The trial court should not have allowed the doctor's expert to opine that the baby's injuries were simply caused by maternal forces, as the expert was a biomechanical engineer without qualifications to give this kind of opinion. Reversed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: July 18, 2023, Case #: ED110991, Categories: experts, medical Malpractice
J. Lynch finds that the lower court improperly dismissed medical malpractice and wrongful death claims stemming from complications following surgery for gallstone pancreatitis. Testimony in which an expert for the decedent suggested that a worrisome level of oxygen saturation indicated an earlier need for post-surgical intubation should not have been dismissed as speculative or conclusory. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 13, 2023, Case #: 535338, Categories: experts, Wrongful Death, medical Malpractice
J. Pickering finds the county court properly partially dismissed the medical malpractice claim arising from the physician’s leaving gauze in a wound after a tumor removal, which resulted in recurrent infections and the patient’s eventual death. A nurse expert witness for the estate failed to show she was qualified to comment on a physician’s standard of care. Her opinion failed to identify medical negligence. The claim is not exempted from the affidavit of merit requirement since the gauze was left during a nonsurgical procedure. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: July 6, 2023, Case #: 82898, Categories: experts, Wrongful Death, medical Malpractice
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J. Cheesbro partially denies the hospital's motion to exclude expert testimony from two doctors and a professor in a medical malpractice and fraud action brought by the patient alleging that the hospital altered and fabricated medical records and failed to obtain informed consent. The doctors' reliance on the patient's medical records and on a video, the veracity of which has been disputed by the hospital, is reasonable. However, the hospital's motion to exclude the professor's testimony is granted because the patient failed to disclose his expert report. The hospital's amended motion to exclude expert testimony is denied as untimely.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 22, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, experts, medical Malpractice
J. Aarons finds that the lower court properly found for a doctor and hospital in malpractice claims concerning a missed diagnosis of lung cancer. The doctor, a primary care physician, was entitled to rely on interpretations of imaging studies that did not suggest lung cancer, and a radiologist who read the initial scans was properly granted summary judgment because the estate failed to raise an issue of fact on causation. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 22, 2023, Case #: 532755, Categories: experts, medical Malpractice
J. McShan finds that the lower court properly declined to dismiss medical malpractice claims brought after plaintiff developed an eye infection over a long holiday weekend because plaintiff's medical experts raised triable issues as to whether advice his regular provider gave over the phone met the standard of care and whether plaintiff received an adequate exam in the emergency room. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 22, 2023, Case #: 534856, Categories: experts, medical Malpractice
J. McFadden finds that the trial court properly ruled in favor of the medical center in a medical malpractice action brought by the children arising after their mother died from post-surgical internal bleeding. The trial court correctly disqualified the children's expert witness because he was not qualified to opine on the standard of care for nurses to identify signs of post-surgical internal bleeding and report them to a surgeon. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 21, 2023, Case #: A23A0267, Categories: experts, medical Malpractice
J. Seeley finds the lower court properly denied the state's motion to dismiss on the grounds of sovereign immunity because the Office of the Claims Commissioner properly granted the estate permission to sue for lack of informed consent after it provided an expert report regarding the state's transfer of the decedent to a Florida facility for treatment. Additionally, the expert report was sufficient to allow the estate's claim to proceed and obviated the need for a hearing, which is not required under Connecticut law in any case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 9, 2023, Case #: AC45088, Categories: Immunity, experts, medical Malpractice
J. Bright finds the trial court provided improper jury instructions during the medical malpractice trial and erroneously told the jury it must rule in favor of the ear, nose, and throat surgeon if it determined the patient's post-operative manipulation of his nose was the cause of his injuries. The surgeon did not present any expert testimony to support his theory the patient caused his own injuries, and his own testimony as a fact witness was insufficient to establish the required level of medical probability; therefore, the verdict will be vacated and the case remanded for a new trial. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 19, 2023, Case #: AC43955, Categories: Jury, experts, medical Malpractice
Per curiam, the circuit finds that the district court improperly dismissed wrongful death and medical malpractice claims brought against a medical care provider for a correctional facility. While each party's medical expert explained the inmate's death, the court veered into the territory of resolving contested facts rather than assessing relevancy upon discounting the widow's physician on procedural grounds and for being overly speculative concerning a defibrillator implant. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 17, 2023, Case #: 22-210, Categories: experts, Wrongful Death, medical Malpractice
J. McCalla grants the defendant nursing facility's motions to exclude certain expert testimony and for summary judgment in this nursing home negligence lawsuit. The expert does not meet the requirements of the locality rule, as he is unfamiliar with "the local medical community." Once his testimony is excluded, the medical malpractice case cannot move forward, as there is no expert testimony regarding the standard of care in the community.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: May 17, 2023, Case #: 2:22cv2220, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, experts, medical Malpractice