9 results for 'cat:"Civil Procedure" AND cat:"Experts" AND cat:"Medical Malpractice"'.
J. Waterman finds that medical providers were improperly denied summary judgment in claims contending their decision to replace a patient's endotracheal tube caused a fatal traumatic brain because the widower served the physician's report more than 90 days past the deadline, which he neglected to move to extend. Reversed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: May 24, 2024, Case #: 22-1574, Categories: civil Procedure, experts, medical Malpractice
J. Silva finds that the lower court improperly overruled the doctors' objection to an expert report in this medical malpractice case. The expert report fails to adequately explain how the alleged breach of care caused the appellee's injuries, and it also "fails to address foreseeability." However, the patients will be given a chance to cure the report's deficiencies. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00234-CV, Categories: civil Procedure, experts, medical Malpractice
J. Benavides finds in this interlocutory appeal that the lower court improperly denied the appellants' dismissal motion in this health care liability action alleging that a patient was not properly placed on a gurney. The appellee failed to properly file the expert report as required, specifically as to the "mandatory deadline." Also, the appellants' did not waive their right to dismissal by participating in discovery or waiting to file the dismissal motion. Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: February 29, 2024, Case #: 13-23-00353-CV, Categories: civil Procedure, experts, 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 court of appeal finds that the trial court properly dismissed consolidated medical malpractice claims in which a patient sued medical providers, the state of Florida, and his own expert witness for refusing to provide an opinion because the patient failed to comply with filing requirements and the claims are time-barred. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: November 29, 2023, Case #: 1D2023-0358, Categories: civil Procedure, experts, medical Malpractice
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J. Contreras finds that the lower court improperly dismissed this medical malpractice lawsuit stemming from a patient's complications following heart surgery, when he developed ischemia and thrombocytopenia. The appellant should have been granted an extension as to the expert report. Accordingly, the matter is remanded, so that she can "cure the deficiencies in her initial expert report." Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 30, 2023, Case #: 13-23-00160-CV, Categories: civil Procedure, experts, medical Malpractice
J. Harper finds, based on the Connecticut Supreme Court's ruling in Carpenter v. Daar, the trial court erroneously granted the medical providers' motion to dismiss a medical malpractice claim based on an allegedly insufficient opinion from a similar health care provider. The opinion requirement is not jurisdictional and, therefore, the estate should have been given the opportunity to amend its filings, regardless of the expiration of the statute of limitations. Reversed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: August 11, 2023, Case #: AC44757, Categories: civil Procedure, experts, medical Malpractice