7 results for 'cat:"Civil Procedure" AND cat:"Wrongful Death" AND cat:"Medical Malpractice"'.
J. Brown finds that the trial court properly denied a medical provider's peremptory exceptions of no right of action and prescription related to the deceased patient's father's survival and wrongful death claims stemming from medical malpractice. The father is the proper party to assert survival and wrongful death claims because the record shows that the decedent and the mother of his alleged son were not married at the time of the son's birth. Therefore, the alleged son was not entitled to the presumption that he was the decedent's biological child and was required to take affirmative steps to establish paternity within one year of the decedent's death. Further, the father's filing of the complaint with the medical review panel less than a year after the decedent’s death interrupted prescription as to the filing of those claims with the district court. The father then filed his petition for damages within 90 days of the issuance of the medical review panel opinion.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: May 13, 2024, Case #: 2024-C-0207, Categories: civil Procedure, wrongful Death, medical Malpractice
J. Murray finds that the lower court improperly entered summary judgment in favor of a doctor in this medical malpractice suit in which a wife alleges her husband was discharged from a hospital without proper warning about the risk of clotting in the future, resulting in his subsequent death from a pulmonary embolism. The deceased patient’s estate presented sufficient evidence to allow a jury to assign liability against the involved physicians. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 9, 2024, Case #: J-A03032-24, Categories: civil Procedure, 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. 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Fuller finds the trial court properly dismissed the parents' medical malpractice and wrongful death lawsuit against the health care system and doctors over their daughter's death two weeks after receiving care at the system's facilities for two days. In part given the timing of the filing of the parents' complaint, underlying statutes of limitation and filing deadlines, and the brief suspension of such deadlines during the Covid-19 pandemic in 2020, the trial court correctly determined the parents had not satisfied a Georgia-law requirement that they timely file an expert affidavit with their complaint, mandating dismissal. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: October 2, 2023, Case #: A23A0631, Categories: civil Procedure, wrongful Death, medical Malpractice
J. Bustamante finds the lower court properly granted the hospital's motion for summary judgment because any vicarious liability claims against for medical care provided by its doctor were extinguished when the doctor was voluntarily dismissed from the case. Meanwhile, the court properly denied the estate's motion for reconsideration of the motion to dismiss the doctor from the case because it was not a final decision, given that numerous claims remained against other parties at the time it filed the motion. Affirmed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: August 17, 2023, Case #: A-1-CA-39697, Categories: civil Procedure, wrongful Death, medical Malpractice