19 results for 'cat:"Discovery" AND cat:"Medical Malpractice"'.
J. Herndon grants the hospital's petition for a writ of prohibition challenging the district court's order compelling discovery. The hospital was sued for negligence by the guardian of the premature baby who suffered developmental issues while being treated. Though the guardian's motion seeking information found by the hospital's internal investigation was granted, patient safety work product is privileged from discovery in civil proceedings under the Patient Safety and Quality Improvement Act, and cannot be waived.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: March 7, 2024, Case #: 85844, Categories: discovery, medical Malpractice, Privilege
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. 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
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J. Rice grants the not-for-profit Catholic healthcare system's motion for a protective order regarding the patient's complaint that the former's treating physician performed unnecessary surgery that damaged the patient's lower spine. Because the patient and the not-for-profit Catholic health care system cannot agree on specific days when Dr. Yam will be deposed, Dr. Yam and his counsel will work with the parties to schedule his deposition before or on Nov. 3, 2023, an achievable date considering Dr. Yam and his counsel have been on notice for a deposition since April 2023 and they have tried to work out a date since October 2023.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 19, 2023, Case #: 4:21cv5042, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: discovery, medical Malpractice
Per curiam, the Florida Appeals Court grants a doctor’s writ of certiorari to quash the trial court’s order insofar to disclose privileged information and answer interrogators’ questions. “Dr. Regala cannot testify as to any knowledge he gained solely from the credentialing process, but he can testify concerning matters he had knowledge of independent of the credentialing process.”
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 29, 2023, Case #: 6D23-592, Categories: discovery, medical Malpractice
J. Hyman finds that the lower court properly denied the hospital a new trial in a medical malpractice suit where the patient was awarded $49 million because doctors failed to recognize a sepsis infection following his gallbladder surgery. The hospital failed to show it was prevent from eliciting witness testimony that would have changed the outcome of the trial. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 15, 2023, Case #: 221430, Categories: discovery, medical Malpractice
J. Chuang grants an insurance firm a declaratory judgment that it does not have a duty to defend a second insurance firm, a vascular center or a doctor in a lawsuit stemming from a patient's death. Months after the patient died, the doctor and vascular center changed insurance providers, so that firm was not yet covering the parties at the time of the patient's death. Therefore, that firm was not responsible to provide medical records requested by the patient's family's counsel, nor was it obligated to indemnify the vascular center and doctor in the lawsuit.
Court: USDC Maryland, Judge: Chuang, Filed On: September 15, 2023, Case #: 8:22cv791, NOS: Insurance - Contract, Categories: Insurance, discovery, medical Malpractice
J. Sullivan finds that the lower court properly ordered a surgical hospital to produce documents in this medical malpractice suit concerning a patient who ultimately died after having a heart attack following wrist surgery. The hospital fails to demonstrate that its employee solely created her notes during the root cause analysis to comply with the Medical Care and Reduction of Error Act (MCARE), so the hospital has not met its burden of invoking the privilege set forth in section 311 of MCARE. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: September 12, 2023, Case #: J-A03020-23, Categories: Wrongful Death, discovery, medical Malpractice
J. Keesler grants a hospital system its motion to compel and its motion for protective order following allegations of medical malpractice brought by a husband and wife after the husband allegedly had two strokes under the hospital’s care. It was found that the husband and wife have not answered all the requests for discovery from the hospital, so they are ordered to complete discovery. Also, the husband and wife’s counsel have allegedly sent threatening emails to the system and thus are ordered to stop under the protective order.
Court: USDC Western District of North Carolina, Judge: Keesler, Filed On: September 6, 2023, Case #: 3:22cv317, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, discovery, medical Malpractice
J. Robart grants MultiCare Health System’s motion to quash the patients' subpoena regarding the latter's medical malpractice lawsuit, which alleges that the hospital encouraged two of its neurosurgeons to perform medically unnecessary spinal surgeries in order to collect reimbursement from government health insurance programs. MultiCare is ordered to participate in the parties' jurisdictional discovery with the added provision that the proposed class members' citizenship information is necessary, because the jurisdictional inquiry will need to know if the citizen of the state is in fact a citizen of the United States.
Court: USDC Western District of Washington, Judge: Robart, Filed On: July 24, 2023, Case #: 2:22cv915, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: discovery, medical Malpractice, Class Action
J. Koppe grants the cosmetic medical treatment company’s motion to compel discovery in this suit alleging that a targeted fat reduction procedure which freezes fat cells and programs them to die over months resulted in the enlargement and hardening of tissue in the patient’s neck, requiring surgical procedures to remove it. She objects to the request for health insurance records as being precluded by the collateral source doctrine, though all the sought authorizations for medical and pharmaceutical records are relevant being the patient has put her physical, mental and emotional health at issue.
Court: USDC Nevada, Judge: Koppe, Filed On: July 19, 2023, Case #: 2:22cv972, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, discovery, medical Malpractice
J. Gwin denies the home health care services company's assignment of error alleging that the trial court improperly denied its protective order motion contending that it would suffer serious injury from disclosing information in the family's case, which alleges that the company's staff did not provide adequate treatment during the mother's labor and delivery, resulting in the child's serious brain damage. The company does not show that it will suffer a clear and defined injury as a result of discovery because it does not establish anything unique about its policies and procedures compared to other hospitals, and the company does not establish that the documents in question are confidential because it disclosed similar documents in prior cases without stipulations.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: July 13, 2023, Case #: 2022-CA-0078, Categories: discovery, medical Malpractice
J. Goldberg finds the trial judge abused her discretion by allowing the sole remaining physician sued for malpractice by a deceased patient’s estate to compel production of a complete, unredacted settlement agreement with a Rhode Island hospital and his fellow doctors. The amount that the settling doctors agreed to pay is not relevant to a determination of the remaining physician’s liability at trial.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 27, 2023, Case #: 2022-22, Categories: Settlements, discovery, medical Malpractice
J. Cheesbro denies the patient's motion to compel discovery in a fraud and medical malpractice action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to obtain informed consent. The patient sought an order requiring the hospital to produce records of septoplasty surgeries performed by a doctor, sign-in sheets bearing the patient's signature, a roster or register of hospital employees with the last name "Vaughn" and other documents. The request for records of previous surgeries is untimely and the patient cannot obtain a hospital employee's medical records because she did not waive her medical records privilege. The patient failed to show that the requested sign-in sheets and employee roster exist.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: discovery, medical Malpractice
J. Cheesbro denies the patient's motion to compel discovery in a medical malpractice and fraud action alleging that the hospital altered and fabricated portions of the patient's medical records and failed to provide informed consent. The patient seeks the deposition of the hospital's general counsel, production of personnel files for three hospital employees, documents related to an internal investigation of a doctor and attorney fees. The patient failed to show any need to depose the general counsel and the personnel files are irrelevant because there is no indication the employees participated in any negligence or fabrication underlying the patient's claims.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: June 21, 2023, Case #: 2:21cv21, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: discovery, medical Malpractice
[Consolidated.] J. Geiger finds that the trial court improperly held that incident reports regarding injuries at two medical facilities were not privileged because reports created for purposes of self-analysis are not subject to disclosure or discovery, and plaintiffs were free to engage in discovery from non-privileged sources. Reversed.
Court: New Jersey Appellate Division, Judge: Geiger , Filed On: June 15, 2023, Case #: A-3751-21, Categories: discovery, medical Malpractice, Privilege
Per curiam, the appellate division finds that the trial court improperly dismissed claims concerning the method with which health care providers removed a surgical sponge from plaintiff's pelvis at the end of surgery because the providers failed to demonstrate the claims were time-barred, and an affidavit from the physicians did not indicate they had a habit of discussing incidental notes with patients. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00006, Categories: Civil Procedure, discovery, medical Malpractice