423 results for 'cat:"Medical Malpractice"'.
J. Bourliot finds that the trial court properly denied the healthcare parties' motion to dismiss a patient's medical malpractice suit over an alleged unnecessary surgery by a podiatrist to address her bunion. The patient's amended expert report was sufficient to meet statutory requirements as to applicable standards of care, the doctor's alleged breaches and the cause of the patient's injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: January 25, 2024, Case #: 14-22-00874-CV, Categories: Negligence, Experts, medical Malpractice
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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
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. Readler finds the lower court properly granted the nursing home's motion for summary judgment because the estate's failure to obtain a medical expert witness with familiarity of the standard of care required for patients in Memphis precluded the medical malpractice action. Tennessee law requires an expert witness with knowledge of local standards of care for individuals who pursue medical malpractice actions, and the estate's witness admitted he was familiar only with a national standard, which was insufficient to allow the action to proceed. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 22, 2024, Case #: 23-5527, Categories: Experts, Wrongful Death, medical Malpractice
J. Connolly partially reverses the district court's dismissal of the father's wrongful death action against the mental health treatment provider stemming from the overdose death of his son in the provider's care. While the district court correctly determined that a statute requiring that plaintiffs include expert testimony in a prima facie case for medical malpractice claims, it abused its discretion in dismissing the father's wrongful-death claim for failure to serve an expert-review affidavit within the three-year statute of limitations for wrongful-death actions because the affidavit was filed within a 60-day safe harbor period. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: January 16, 2024, Case #: A23-0483, Categories: Civil Procedure, Wrongful Death, medical Malpractice
J. Hecht finds that the court of appeals improperly ruled against a doctor in a negligence case filed by a patient who was treated for a rattlesnake bite. The patient argues that the doctor acted negligently by not immediately treating the patient with antivenom, allegedly causing lasting pain. A physician may be held liable if they are found to have acted with "willful and wanton negligence," but the patient failed to present any evidence showing the doctor acted in such a way. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: January 12, 2024, Case #: 22-0835, Categories: Negligence, 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. Egan finds that the lower court properly declined to entirely dismiss medical malpractice claims concerning treatment of a fractured wrist. Expert opinion indicated the treating physicians failed to recognize from x-rays that the fracture was healing out of alignment and failed to recommend she take a large dose of Vitamin C daily following surgery to avoid complex regional pain syndrome. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 535997, Categories: Experts, medical Malpractice
J. Leggatt finds a lower court improperly dismissed a group of separate families' motion for claims of emotional distress. A group of hospital administrators argued that they were not obligated to protect family members from witnessing the deaths of their decedents. However, the families sufficiently showed in court that the administration failed to provide them with mental health services as a result of the deaths, which falls under medical negligence. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: January 11, 2024, Case #: 2024UKSC1, Categories: Health Care, Negligence, medical Malpractice
J. Brown finds that the trial court properly ruled in favor of the patient and her husband and awarded them $10.1 million in compensatory damages in a medical malpractice action against the doctor and hospital. The couple alleged that the doctor cut through the patient's common bile duct during a gallbladder removal surgery. The trial court correctly denied the doctor's and hospital's motions for mistrial and new trial. Statements made by the couple's counsel did not improperly ask the jury to "send a message" to the hospital and doctor with its verdict. Even if the three statements were improper, they did not permeate the trial. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: January 11, 2024, Case #: A23A1548, Categories: medical Malpractice
J. Marcotte finds that the trial court properly precluded a patient from calling any witnesses at trial as a result of his failure to timely file a “will call” witness list in this medical malpractice action. In this case, the patient missed two deadlines to file and exchange witness and exhibit lists, and the patient was notified three weeks before the trial date to compile the witness and exhibit lists but failed to do so. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: January 10, 2024, Case #: 55,413-CA, Categories: Civil Procedure, medical Malpractice
J. Stone finds that the trial court properly dismissed a deceased patient's family's claims against healthcare providers related to the treatment of the decedent on the basis that the claims constituted allegations of medical malpractice and were required to first be considered by the medical review panel. The family's wrongful death and survival suit is potentially subject to the Louisiana Medical Malpractice Act depending on whether hydration and feeding were part of the decedent's treatment plan. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: January 10, 2024, Case #: 55,377-CA, Categories: medical Malpractice, Contract
J. Crouse finds the trial court erroneously denied the spine surgeon's motion for a directed verdict on the patient's informed consent claim. Although the wrong procedure was initially explained to the patient, the chain of causation was broken when the surgeon's associate obtained the patient's consent for the proper surgery on the morning of the procedure. Additionally, the trial court improperly admitted a video of the surgeon that included unrelated medical malpractice claims, resume inflation and information about his Pakistani heritage, all of which unfairly prejudiced the jury against him; therefore, he is entitled to a new trial. Reversed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: December 29, 2023, Case #: 2023-Ohio-4818, Categories: Evidence, medical Malpractice
J. Deters finds the lower court properly dismissed a child's loss of consortium claim. When a parent's medical negligence claim is barred by Ohio's statute of repose, the loss of consortium claim is also extinguished. Although the child's claim is not derivative of the patient's initial medical negligence action, the statute of repose bars the claim in its entirety, not just the remedy, as a statute of limitations would, and prevents the loss of consortium claim. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: December 28, 2023, Case #: 2023-Ohio-4696, Categories: Civil Procedure, medical Malpractice
J. Fisher finds that the lower court properly declined to dismiss negligence claims contending a nursing home failed to sufficiently monitor a resident, who fell up to seven times before being transferred to another facility, where she died. Questions of fact remain unresolved as to whether the decedent received one-on-one supervision and whether various safety devices and alarms had been available to protect her. However, claims of medical malpractice should have been dismissed. Affirmed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 28, 2023, Case #: 535504, Categories: Tort, medical Malpractice
J. Atkins upholds the trial court’s dismissal of the patient’s motion to review an unfavorable jury verdict and a motion for a new trial in a medical malpractice case, confirming the jury’s finding that the patient’s primary care physician did not breach the standard of care when he failed to refer the patient to the emergency room after he was admitted with symptoms of cardiac arrest. The verdict was based on fair interpretation of the evidence and the trial court did not abuse its discretion in denying a new trial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: December 28, 2023, Case #: 23-CA-0215, Categories: Jury, medical Malpractice
J. Fischer finds that Ohio's statute or repose applies to all medical negligence and malpractice claims, including those for wrongful death; therefore, the appeals court erroneously reinstated the case against the hospital for the patient's death. The statute's language explicitly states it covers all medical claims, which unambiguously includes wrongful death actions. The statute governing those claims does not include any sections with a separate filing limitation; therefore, the trial court's dismissal will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 28, 2023, Case #: 2023-Ohio-4670, Categories: Civil Procedure, Wrongful Death, medical Malpractice
J. Wicker finds the trial court erred in granting dilatory exceptions of prematurity to the health care provider and facility, which may have been negligent in allowing a psychiatric patient, admitted against his will, to open a third-story window and jump out, injuring him. The provider and facilities are not protected by Louisiana’s medical malpractice statute because the patient made no claims about his medical condition or treatment. Rather, the claims are based on professional training and competence, as well as the hazardous conditions of the facility. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: December 27, 2023, Case #: 23-CA-132, Categories: Negligence, medical Malpractice, Premises Liability