104 results for 'nos:"Personal Injury - Medical Malpractice - Torts - Personal Injury"'.
J. Broomes rules the son of a deceased father, who suffered a stroke and died inside of a VA hospital, may pursue personal injury claims and damages against the government. The son, the administrator of his deceased father's estate, sufficiently showed that he is entitled to damages in excess of the statutory cap.
Court: USDC Kansas, Judge: Broomes, Filed On: July 11, 2023, Case #: 6:20cv1372, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Negligence, Wrongful Death
J. Conley partially grants motions in limine from the father, the therapist, the clinic and insurance companies in the father's medical malpractice lawsuit alleging that, during behavioral health therapy, the therapist planted false memories in his daughter's head that he raped her as a child. The father's motions to exclude testimony mentioning the net worth of his own father and two criminal charges he faced in his past are granted, and his motion to exclude testimony on whether he and his wife acted appropriately as his daughter's parents, especially regarding their reaction to alleged abuse of the daughter by her cousin, is denied. The therapist's, insurance companies' and clinic's motions to exclude opinion testimony about any other witness's credibility and testimony about the doctor's psychological state when she testified at a child protective services case are granted, and the therapist's motion to exclude testimony from a doctor testifying as an expert for the father concerning his opinion that she is the "worst" or "most incompetent" therapist he has encountered is denied, so long as he does not get into hyperbole and sticks to what is filed in his expert report. Other motions in limine regarding admissible testimony and other matters, including regarding the therapist's quality of care and other false memory lawsuits, are reserved for discussion at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 28, 2023, Case #: 3:20cv814, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Tort, Medical Malpractice
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
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J. Cheesbro denies the patient's motion to compel discovery in a fraud and medical malpractice action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to obtain informed consent. The patient sought an order requiring the hospital to produce records of septoplasty surgeries performed by a doctor, sign-in sheets bearing the patient's signature, a roster or register of hospital employees with the last name "Vaughn" and other documents. The request for records of previous surgeries is untimely and the patient cannot obtain a hospital employee's medical records because she did not waive her medical records privilege. The patient failed to show that the requested sign-in sheets and employee roster exist.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, Medical Malpractice
J. Cheesbro denies the patient's motion to compel discovery in a medical malpractice and fraud action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to provide informed consent. The patient seeks the deposition of the hospital's general counsel, production of personnel files for three hospital employees, documents related to an internal investigation of a doctor and attorney fees. The patient failed to show any need to depose the general counsel and the personnel files are irrelevant because there is no indication the employees participated in any negligence or fabrication underlying the patient's claims.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Discovery, 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. Mendez finds for the government on a widow’s murder, negligence and elder abuse claims arising from the treatment of her husband at a VA hospital. The hospital is immune from the murder claim, and she fails to show it completely failed to provide medical care to the decedent, or that it was reckless.
Court: USDC Eastern District of California, Judge: Mendez, Filed On: June 12, 2023, Case #: 2:22cv1459, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Immunity, Negligence, Elder Abuse
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
J. Robart partially grants the hospital's motion for reconsideration of a prior order directing the patients and the hospital to conduct jurisdictional discovery as part of the patients' lawsuit alleging that the hospital encouraged two of its neurosurgeons to perform medically unnecessary spinal surgeries in order to collect reimbursement from government health insurance programs. The current patients seek the names and contact information of patients who are proposed class members, but those patients require advance notice before their information is released and the "payment" exception does not apply because the current patients are not third-party payors, health care providers or health care facilities.
Court: USDC Western District of Washington, Judge: Robart, Filed On: May 15, 2023, Case #: 2:22cv915, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Discovery, Medical Malpractice