21 results for 'cat:"Damages" AND cat:"Medical Malpractice"'.
J. Huddle finds that the court of appeals improperly ruled against a doctor being sued by a woman who says the doctor failed to sterilize her, leading to an unwanted pregnancy. The state does not recognize the birth of a healthy child as an injury for which a parent can seek damages. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 10, 2024, Case #: 22-0410, Categories: damages, Negligence, medical Malpractice
J. Zayas finds the trial court properly joined both spine surgery patients into a single jury trial. Although the patients dealt with the same type of spine condition generally, each patient had its own expert testify about specific conditions that led each to seek treatment from the surgeon, which allowed the jury to separate and analyze the evidence. Meanwhile, the lack of evidence to support prejudgment interest on damages precluded the trial court from granting the patients' request; therefore, the interest award will be vacated. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Zayas, Filed On: May 10, 2024, Case #: 2024-Ohio-1776, Categories: Civil Procedure, damages, medical Malpractice
J. Berkenkotter finds the lower court erroneously determined a trial court may use external evidence, including the insurance coverage of a plaintiff, to determine whether a prevailing plaintiff in a medical malpractice suit is entitled to exceed the statutory damages cap of $1 million because it allows tortfeasors to benefit from collateral payments made on behalf of a victim. Therefore, the case will be remanded to the trial court to allow for proper calculation of damages based on the jury's original award. Reversed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: April 22, 2024, Case #: 2024CO22, Categories: Insurance, damages, medical Malpractice
Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: damages, medical Malpractice
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Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: damages, medical Malpractice
[Consolidated] J. Stiglich finds the district court improperly awarded the estate more than $48 million in compensatory and punitive damages. The estate filed a negligence and malpractice suit after the family member died under care at the medical center during a sickle cell crisis. Though attorney fees were properly awarded, hospitals do not owe a fiduciary duty to their patients in connection with medical treatment. Because the breach of fiduciary duty claim fails, the award for punitive damages is reversed. Reversed in part.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 14, 2024, Case #: 79658, Categories: damages, Fiduciary Duty, medical Malpractice
J. Penzalo finds the lower court properly found in favor of a doctor regarding a patient's allegations of discrimination. The patient claimed the doctor was insensitive and accusatory during the initial visit with the doctor which caused her trauma, and that he discriminated against her. The doctor argued that the claim is one of medical malpractice, requiring the patient to first pursue relief via a medical review panel; the lower court agreed and dismissed the patient’s complaint. The instant court finds no error in the lower court’s determination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0914, Categories: damages, Jurisdiction, 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
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
J. Todd finds that the superior court properly found that a bipolar, schizophrenic murderer cannot pursue this medical malpractice complaint seeking compensatory damages against his treating psychiatrist and health care providers, claiming that his criminal conduct was the result of his psychiatrist’s grossly negligent treatment. The “no felony conviction recovery” rule blocks the murderer from profiting off his own criminal conduct. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-8A-B-2023, Categories: Civil Procedure, damages, medical Malpractice
J. Crouse finds that while the trial court should not have allowed the patient's counsel to refer to the spine surgeon's license revocation in a medical malpractice case, the error was harmless. Licensing was mentioned only twice and had no prejudicial effect given the overwhelming evidence against the surgeon. Meanwhile, the court properly awarded future damages based on competent evidence from an expert witness who testified the patient would need specific and specialized spinal care for the rest of his life. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: November 22, 2023, Case #: 2023-Ohio-4195, Categories: Evidence, damages, medical Malpractice
J. Lambert finds the trial court improperly allowed the personal representative of the estate of a deceased family member to amend her wrongful death medical malpractice complaint against the inpatient services specialists, a doctor and others to add a claim for punitive damages. The care provided to the deceased, specifically after-hours care to treat complications from colon surgery, did not rise to the level of "intentional misconduct" or "gross negligence" such that a claim for punitive damages is supported by Florida statutes. On remand the trial court is ordered to deny the personal representative's motion to amend. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: November 21, 2023, Case #: 23-0346, Categories: damages, Wrongful Death, medical Malpractice
J. Lipinski finds the trial court properly lifted the Health Care Availability Act's $1 million cap on damages in the medical malpractice action and entered the jury's award of over $39 million. The child's permanent neurological injuries, including cerebral palsy, will require lifetime medical care, while the $1 million cap would not even have covered the family's past medical expenses. Although the court misinterpreted the law and determined it was required to either impose the cap or enter the jury award, its analysis of the damages calculations conducted by the jury satisfied statutory requirements and supported the damages award. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: November 16, 2023, Case #: 2023COA108, Categories: Jury, damages, medical Malpractice
J. Crouse finds the trial court properly allowed the patient to pursue damages for past medical expenses against the spine doctor. She was not required to join them to her action as real parties in interest after she settled subrogation claims with Medicare and her other insurance providers. Meanwhile, the trial court properly granted the doctor's request for a damages setoff of $157,000 following the patient's settlement with the hospital defendants because there was no evidence to support her claim the causes of action against the hospital would have allowed her to seek punitive damages. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: November 1, 2023, Case #: 2023-Ohio-3953, Categories: damages, medical Malpractice
J. Leung largely denies the orthopedic clinic's motion for a new trial or remittitur in the patient's case against it related to compartment syndrome he developed after a surgery performed at the clinic. The clinic has not demonstrated that any evidentiary errors substantially influenced the jury's verdict, nor that alleged attorney misconduct in closing arguments is sufficient to warrant a new trial. The jury's damages award was, however, so excessive at $110 million as to warrant remittitur, particularly given its status as the largest award in a medical malpractice or personal injury case in Minnesota history and the patient's continued ability to walk and go about his daily activities. The patient is offered the choice to accept $10 million in non-economic damages or to retry on the issue of non-economic damages. A $1.25 million economic damages award stands.
Court: USDC Minnesota, Judge: Leung, Filed On: October 26, 2023, Case #: 0:19cv2568, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: damages, medical Malpractice
J. O'Hearn grants the emergency room operator's motion to dismiss claims against it and partially grants its motion to limit damages in a suit stemming from a patient's death in an encounter with police shortly after his discharge from involuntary commitment. The sole signatory of the patient's discharge summary was not employed directly by the emergency room operator, and nothing in the record indicates that other medical providers participated in the decision to release him. Damages are limited to the extent that the patient's decedents' claims fall within the scope of simple negligence, but not gross negligence.
Court: USDC New Jersey, Judge: O'Hearn, Filed On: August 28, 2023, Case #: 1:20cv641, NOS: Other Civil Rights - Civil Rights, Categories: damages, Negligence, medical Malpractice
J. Bianco finds that the district court properly awarded damages to a widow who brought federal tort claims for malpractice concerning a VA hospital's delayed diagnosis of her husband's lung cancer. The $975,000 award met the state standard for "reasonable" compensation, and sums assessed for pain and suffering did not deviate significantly from awards in comparable cases. Affirmed.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 24, 2023, Case #: 21-548-cv, Categories: damages, medical Malpractice
[Consolidated.] J. Steigmann finds that the lower court properly instructed the jury on the issue of disfigurement in this medical negligence suit stemming from a woman's seven-year coma and eventual death following gastric bypass surgery. However, the court erred by reducing the estate's judgment because medical expenses that have been written off by health care providers do not qualify for reduction. Reversed in part.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: July 14, 2023, Case #: 220643, Categories: Jury, damages, medical Malpractice
J. Phipps finds that the trial court properly denied the medical providers' motion for a new trial after a jury found largely in favor of the widower in a wrongful death and medical malpractice action following his wife's death from cancer. The trial court correctly denied the providers' motion to exclude testimony from the widower's expert regarding causation and the survivability of the wife's cancer. The expert's opinions were supported by medical journal articles and the opinions as to causation were supported by testimony from three other witnesses. The $8.5 million jury award, which included $0 for wrongful death damages and $6,900 for funeral and burial expenses, was not improper in light of the conflicting evidence presented as to the wife's life expectancy. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 31, 2023, Case #: A23A0413, Categories: damages, Wrongful Death, medical Malpractice