77 results for 'cat:"Negligence" AND cat:"Medical Malpractice"'.
J. Hruz finds the circuit court properly granted summary judgment to the hospital, doctor and insurance companies in the patient's medical malpractice lawsuit over injuries she suffered during a biopsy performed with informed consent she claims she gave only after being given Valium and hydrocodone. Under the current legal framework, the hospital cannot be held liable because no one but the patient's treating physician carries a duty of ordinary care and liability as regards ensuring the patient is capable of giving informed consent. This makes the patient's claim of negligence regarding the nurse who administered her Valium and hydrocodone before her mother ultimately had to sign her informed consent form is "too remote" from her injuries and barred by public policy. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Hruz, Filed On: September 12, 2023, Case #: 2023AP001694, Categories: negligence, medical Malpractice
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J. O'Hearn grants the emergency room operator's motion to dismiss claims against it and partially grants its motion to limit damages in a suit stemming from a patient's death in an encounter with police shortly after his discharge from involuntary commitment. The sole signatory of the patient's discharge summary was not employed directly by the emergency room operator, and nothing in the record indicates that other medical providers participated in the decision to release him. Damages are limited to the extent that the patient's decedents' claims fall within the scope of simple negligence, but not gross negligence.
Court: USDC New Jersey, Judge: O'Hearn, Filed On: August 28, 2023, Case #: 1:20cv641, NOS: Other Civil Rights - Civil Rights, Categories: Damages, negligence, medical Malpractice
J. Fitzwater denies, in part, a healthcare company, doctor and nurse's motion for summary judgment on a mother's claims regarding the allegedly deficient prenatal care she received while in jail. Although the claims are time-barred as applied to the mother, the claims will proceed on behalf of her twin children.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: August 16, 2023, Case #: 3:20cv45, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, medical Malpractice
J. Edwards finds the trial court improperly dismissed the citizen’s premises negligence lawsuit alleging she slipped and fell while walking toward the restrooms at the medical center. The trial court incorrectly construed the citizen’s complaint as one for medical malpractice and dismissed it on procedural grounds even though there is no evidence she was a patient at the time and her complaint had anything to do with standards of medical care, and it should have treated the case as one of simple negligence. The trial court’s order is overturned and the matter is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 11, 2023, Case #: 23-0022, Categories: negligence, medical Malpractice, Premises Liability
J. Rodriguez finds a lower court ruled correctly in admitting evidence of a prior settlement with a hospital in a medical negligence suit brought against a group of doctors by the widow of a deceased man. The widow argued the court had abused its discretion by allowing evidence of the prior settlement, resulting in an improper verdict, but she did not adequately preserve error nor provide a complete case record that could back up her arguments. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 4, 2023, Case #: 08-22-00245-CV, Categories: Civil Procedure, negligence, medical Malpractice
J. Williams finds that the lower court properly granted summary judgment in favor of the dental defendants in this lawsuit brought by a patient alleging negligence, fraud and medical malpractice based on certain dental work performed. The limitations period expired before the patient filed her original petition. Also, she cannot recast her health care liability claim "as another cause of action to avoid the requirements." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: July 27, 2023, Case #: 11-22-00002-CV, Categories: Civil Procedure, negligence, medical Malpractice
[Consolidated.] J. Hodges finds that the trial court properly granted the hospital's motion to dismiss a patient's vicarious liability claim in a medical malpractice renewal action arising from injuries the patient suffered due to an alleged failure to properly diagnose sepsis. The original action did not contain a claim against the hospital based on the nurse's acts or omissions and the trial court correctly found that the claim in the renewal action was new and barred by the two-year statute of limitation. The trial court incorrectly denied the hospital's motion to dismiss the patient's professional malpractice claims as barred by the statute of repose. Covid-19 emergency judicial orders did not toll the statute of repose. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 27, 2023, Case #: A23A0118, Categories: negligence, medical Malpractice
J. Pepper adopts the magistrate judge’s recommendation to dismiss the daughter’s wrongful death and medical malpractice lawsuit against the hospital, hospice, nursing home and medical workers over the death of her mother, as well as alleged harassment and discrimination from her neighbors. Because none of the daughter’s claims coherently invoke federal law, her objections to the magistrate’s recommendation are overruled and the case is dismissed for failure to state a claim.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: June 13, 2023, Case #: 2:21cv1440, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Tort, negligence, medical Malpractice
J. Lobrano finds that the district court properly granted a nursing home's exception of prematurity to claims related to the deceased patient's family's allegations concerning failure to render medical treatment after the decedent's fall. Those claims fall within medical malpractice, and a medical review panel has yet to review those claims. However, this court is unable to determine whether the decedent's fall occurred within the course of medical treatment or if it sounds in negligence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 31, 2023, Case #: 2022-CA-0800, Categories: Civil Procedure, negligence, medical Malpractice