423 results for 'cat:"Medical Malpractice"'.
J. Garry finds that the lower court properly dismissed dental malpractice claims stemming from a root canal because the patient filed the action more than two-and-a-half years following accrual, and she also exceeded additional time permitted following discovery of a foreign object in her left maxillary sinus. However, the dentist and her employer were improperly awarded disbursements without proof that expenses were actually incurred. Affirmed in part.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 22, 2024, Case #: 535783, Categories: Civil Procedure, medical Malpractice
J. Kilbane finds the lower court improperly granted the hospital's motion in limine to exclude the estate's expert witness. The physician testified with the required degree of medical certainty the hospital's failure to recognize symptoms of acidosis and renal dysfunction was the proximate cause of the decedent's death. Although the physician could not testify the exact cause of the decedent's ischemic bowel, such specificity was not necessary to establish proximate cause; therefore, the expert testimony should have been admitted and the hospital's motion for summary judgment denied. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: February 22, 2024, Case #: 2024-Ohio-659, Categories: Experts, Wrongful Death, medical Malpractice
J. Warhit finds that the lower court properly denied the patient's application for a new trial on the ground that the doctor improperly attempted to shift liability to defendants who had already been awarded summary judgment prior to trial. The doctor did not present evidence at trial that negligence by the dismissed defendants may have been a substantial factor in causing injuries. Affirmed.
Court: New York Appellate Divisions, Judge: Warhit, Filed On: February 21, 2024, Case #: 00887, Categories: Negligence, medical Malpractice
J. Ahlers finds that health care providers were properly granted a directed verdict in claims contending more could have been done to extend a pregnancy concerning a premature birth because the parents failed to substantially prove a different course of treatment would have resulted in a better outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: February 21, 2024, Case #: 22-1903, Categories: medical Malpractice
J. Baker finds the trial court properly granted partial summary judgment to a doctor and denied a patient’s motion for a new trial in this medical malpractice case. The patient alleges the doctor negligently performed a thighplasty on her, instead of doing a lower body lift for her desired results. The jury found the doctor not negligent in the standard of care on sequencing. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 20, 2024, Case #: DA 22-0600, Categories: medical Malpractice
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J. Cates finds that the lower court properly found for the doctor in a medical malpractice suit stemming from a patient's death. The court did not err in allowing the defense expert to opine regarding other possible causes of the patient's death. His testimony that the patient could have died of stroke was based upon the patient's medical history and not mere speculation. Further, it correctly refused to admit the patient's death certificate into evidence as the cause of death listed on the certificate was an opinion of the coroner, but not based on any postmortem examination. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: February 20, 2024, Case #: 220552, Categories: Experts, Wrongful Death, medical Malpractice
J. Hall partially rules in favor of the doctor in a civil rights and medical malpractice action brought by the estate executor arising from the decedent's death. The executor alleged that the doctor failed to prevent the decedent's pressure ulcers from worsening. The executor lacks standing to bring a wrongful death claim against the doctor. However, a genuine issue of fact exists as to when the statute of limitations began to run on the medical malpractice claim. The doctor's motion to exclude an expert's opinions on causation is granted because the expert's differential diagnosis is not reliable. The expert failed to explain why she rejected other causes of the decedent's sepsis to find that the doctor's negligence caused the decedent's injury.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: February 20, 2024, Case #: 4:15cv149, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, medical Malpractice
J. Hagen holds that the trial court properly instructed the jury on the patient's loved one's burden to prove the standard of care for a medical malpractice claim. However, insufficient evidence of pain, suffering or inconvenience supported a damages award on a survival claim. Reversed in part.
Court: Utah Supreme Court, Judge: Hagen, Filed On: February 15, 2024, Case #: 20220815, Categories: Jury, Damages, medical Malpractice
Per curiam, the appellate division finds that the trial court properly ruled for the estate in claims contending plaintiff developed an eye infection requiring surgical removal following cataract surgery. Medical experts testified that nursing staff failed to properly administer anti-inflammatory steroid eye drops and did not transfer plaintiff to an emergency department after infection set in. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: CA 22-01992, Categories: Experts, medical Malpractice
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending a dental practice improperly extracted a patient's tooth because the patient's expert affidavit did not provide an opinion as to whether one of the dental professionals deviated from the standard of care. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: CA 23-00087, Categories: Experts, medical Malpractice
J. May finds that the lower court properly dismissed tort claims contending a child died a day after a feeding tube had been dislodged during treatment at the University of Iowa Hospitals and Clinics. While the parents did not present separate individual claims, claims brought by the estate for the child may proceed. Affirmed in part.
Court: Iowa Supreme Court, Judge: May, Filed On: February 9, 2024, Case #: 22-0759, Categories: Civil Procedure, medical Malpractice
J. Ortego finds that the trial court properly granted summary judgment to the cardiovascular institute in a patient's medical malpractice suit alleging that its failure to recognize a blockage in his carotid artery caused him to suffer a stroke. The patient did not give evidence from an expert witness to support his claim or evidence opposing the motion for summary judgment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-486, Categories: Civil Procedure, Experts, medical Malpractice
Per curiam, the appellate division finds that the lower court properly found for the surgeon in a medical malpractice suit stemming from injuries the patient sustained during a combined liposuction and hernia repair surgery. A jury reasonably found that the surgeon did not depart from the standard of care because the patient's perforated colon could have been due to preexisting condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 7, 2024, Case #: 00647, Categories: Negligence, medical Malpractice
J. Lynch finds the trial court properly denied the state's motion to dismiss medical malpractice claims brought by the patient whose children either died or sustained permanent injuries following an artificial insemination procedure. Although a portion of the lawsuit included informed consent claims related to the cytomegalovirus-positive status of the sperm donor, these claims were linked to the medical malpractice claims and did not allow for the application of sovereign immunity. Meanwhile, the court properly calculated damages for the child with permanent injuries because they were proximately caused by the state's failure to follow an applicable standard of care and the state was in the best position to absorb the costs of providing treatment over the course of the victim's life. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: February 6, 2024, Case #: SC20646, Categories: Immunity, Damages, medical Malpractice
Per curiam, the appellate division finds that the trial court improperly dismissed medical malpractice claims contending the patient suffered a perforated bowel during an improperly performed right salpingo-oophorectomy. Expert opinions were neither conclusory nor speculative, and nothing disputed that the hospital had not used or had available rectal contrast during the procedure. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-1342, Categories: Experts, medical Malpractice
J. Burkhardt denies the government's motion to compel the patient, who claims that the Department of Veterans Affairs' failure to diagnose and treat a retinal tear in his left eye left him with permanent injuries, to undergo a mental health exam. The government has failed to meet its burden to show that the patient placed his mental condition in controversy. The amount of emotional distress damages the patient seeks does not, by itself, justify a court-ordered mental health examination.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: February 2, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Emotional Distress, Discovery, medical Malpractice
J. Wootton finds that the trial court properly denied a patient's motions for more time to respond to motions for summary judgment on her medical malpractice claims. She failed to explain what additional discovery she planned or how more time would otherwise allow her to show any genuine issue of material fact that would preclude summary judgment. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: February 1, 2024, Case #: 49915, Categories: Discovery, 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. Gravois finds that the trial court properly dismissed a patient's medical malpractice claim against a medical provider after the patient, who was given morphine and discharged from the emergency room, tripped while attempting to walk to the bus stop. The patient does not show that the medical provider violated its guidelines when it left the patient unattended outside in a wheelchair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-188, Categories: Evidence, medical Malpractice
Per curiam, the circuit finds that the district court properly dismissed medical malpractice claims alleging injury from an unsuccessful abortion because the court did not abuse its discretion by dismissing sanctions for "persistent and knowing" failure to comply with multiple court orders on discovery. Separately, the circuit referred plaintiff's counsel to the grievance panel for further investigation of her use of artificial intelligence to generate a nonexistent case citation in a reply brief, which fell below professional conduct standards. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-2057, Categories: Sanctions, medical Malpractice, Attorney Discipline