37 results for 'cat:"Evidence" AND cat:"Medical Malpractice"'.
[Consolidated.] J. Ervin-Knott finds that the trial court properly found for the medical provider on a patient's claim that his mental disorder was misdiagnosed, and he was overprescribed Adderall. In this case, the medical provider admitted the medical review panel's unanimous opinion that the medical provider did not breach the applicable standard of care. Further, the patient admitted that he did not retain an expert to support his case. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: May 8, 2024, Case #: 2024-CA-0010, Categories: evidence, medical Malpractice
Per curiam, the appellate division finds that the lower court properly denied the patient's motion for leave to amend the bill of particulars in a medical malpractice claim. The patient's excuse that she only learned of the new claims after the parties' depositions is not reasonable, as the medical records should have informed her of these claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02262, Categories: evidence, medical Malpractice
J. Hunter finds that the trial court properly found a laser center liable for medical malpractice for injuries related to a patient's tattoo removal. The evidence shows that the technician who performed the tattoo removal did not properly perform a test patch, and repeatedly assured the patient that she was healing normally despite the patient's scarring. Further, the patient's expert opined that the technician performed a dermatological procedure without a medical license and was not properly monitored by a medical professional. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: April 10, 2024, Case #: 55,529-CA, Categories: evidence, medical Malpractice
J. Hunter finds that the trial court properly granted a motion to compel an independent medical examination filed by the Patient’s Compensation Fund related to a patient's medical malpractice suit against the medical providers for not timely diagnosing her with spinal cord compression. The patient does not show that the Patient Compensation Fund is trying to deprive the patient of her entitlement to future medical care and related benefits or deny her access to the courts. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter , Filed On: April 10, 2024, Case #: 55,471-CW, Categories: evidence, medical Malpractice
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J. Gravois finds that the trial court properly determined that a patient's request for a medical review panel was prescribed on its face. The evidence shows that the patient had an x-ray in November 2019 that revealed she had healing fractured ribs, and that she should have been on notice as to the potential malpractice at that date. Since the patient did not file her request for a medical review panel within one year of November 2019, her complaint was untimely and prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 27, 2024, Case #: 23-CA-347, Categories: Civil Procedure, evidence, medical Malpractice
J. Windhorst finds that the trial court properly found for a dentist on a patient's medical malpractice claim alleging the dentist punctured his tongue while administering local anesthesia. In this case, the patient waited until the dentist filed a motion for summary judgment to retain an expert but failed to provide competent summary judgment evidence in opposition to the dentist’s motion. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 27, 2024, Case #: 23-CA-380, Categories: evidence, medical Malpractice
J. Norton grants the cancer patient's motion for reconsideration. The court awarded summary judgment to the military doctor and government as to the patient's claims the doctor forged his signature on a form consenting to having his prostatectomy performed by a less-skilled surgeon. The patient incurred complications after surgery requiring further medical intervention. A motion in limine has been filed requesting to name a handwriting expert as a witness, and the government has also submitted new evidence. The evidence now is meaningfully different from that before the court on the motions for summary judgment.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: March 25, 2024, Case #: 2:21cv3801, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: evidence, Government, medical Malpractice
J. Keough finds the trial court properly granted the doctor's motion in limine to exclude questions regarding whether his hospital privileges had been revoked at any point during his medical career. The possibility of prejudice or jury confusion outweighed any probative value related to the standard of care he provided to the patient. The patient was able to provide expert testimony throughout the trial and also questioned the doctor about why he decided to stop delivering babies, all of which was sufficient to create an inference that his failure to properly deliver the patient's baby was based on a breach of the standard of care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: March 14, 2024, Case #: 2024-Ohio-960, Categories: evidence, Experts, medical Malpractice
J. Ellender finds that the trial court properly dismissed a father's medical malpractice claim against a neurosurgeon for alleged deficiencies in the treatment of his deceased son. In this case, the son's vagal nerve stimulator to treat his seizures did not have a dead battery when the son visited the neurosurgeon, as the father alleges, but the battery was at eight to eighteen percent power. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: February 28, 2024, Case #: 55,434-CA, Categories: evidence, medical Malpractice
J. Chehardy finds that the trial court properly dismissed a patient's medical malpractice action related to the failure of hardware placed in his back during surgery in 2016. The patient should have been aware of the malpractice in 2017 when he made an emergency room visit due to back pain. The patient does not show that he first learned of his claim in 2018, or that the delayed date was reasonable. Therefore, the patient's medical malpractice claim has prescribed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: February 28, 2024, Case #: 23-CA-190, Categories: Civil Procedure, evidence, medical Malpractice
J. Gravois finds that the trial court properly dismissed a patient's medical malpractice claim against a medical provider after the patient, who was given morphine and discharged from the emergency room, tripped while attempting to walk to the bus stop. The patient does not show that the medical provider violated its guidelines when it left the patient unattended outside in a wheelchair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 31, 2024, Case #: 23-CA-188, Categories: evidence, medical Malpractice
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
[Consolidated] J. Herndon finds the trial court improperly entered a complex post-judgment order involving the patient's motion to retax and settle costs, and denying the doctor's motion for attorney fees. The patient whose uterine and intestinal walls were perforated during a hysteroscopy challenges the court's decision to admit evidence of her informed consent. The doctor was incorrectly allowed to present evidence involving informed consent when the patient did not raise a claim based on lack of consent. Though assumption-of-risk evidence may be relevant in certain cases, the defense is improper where consent is uncontested. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 21, 2023, Case #: 84492, Categories: evidence, medical Malpractice, Attorney Fees
J. Ledet finds that the trial court properly denied a doctor's summary judgment motion on the informed consent claim brought by a patient. In this case, the patient presented expert testimony establishing that a reasonable therapeutic alternative, stretching, existed to the tendon lengthening procedure. Further, there is conflicting evidence as to whether the doctor informed the patient of this reasonable therapeutic alternative. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: December 5, 2023, Case #: 2023-CA-0392, Categories: Civil Procedure, evidence, medical Malpractice
Per curiam, the Louisiana appeals court finds that the trial court should not have denied the medical provider's exception of prescription as to a patient's medical malpractice claim. The patient has not shown, under Mitchell, that her doctor used a continuing doctor-patient relationship to hide an act of malpractice related to the patient’s B vitamin level. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: November 27, 2023, Case #: 23-C-443 , Categories: evidence, 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. Stone finds that the trial court properly denied the medical provider's motion for summary judgment. In this case, there is a genuine issue of material fact as to whether the delay in performing surgery on the decedent would have given the decedent a better chance at survival. Further, there was expert testimony that the delay cost the decedent some chance of an outcome better than death while in surgery. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: November 15, 2023, Case #: 55,081-CW, Categories: evidence, medical Malpractice
J. Stephens finds that the trial court properly granted medical providers' exception of prematurity on the decedent's family's medical malpractice claims. In this case, the family's negligence claims are properly before the medical review panel and cannot be amended to allege intentional torts on the part of the medical providers. Further, the family's custodial claims regarding dignity-type damages arising from negligent diapering may be sought without first being submitted to the medical review panel. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: November 15, 2023, Case #: 55,264-CA, Categories: evidence, medical Malpractice
J. Chase finds that the trial court should not have granted a patient's motion in limine to prohibit introduction of his informed consent form related to a colectomy procedure. In this case, the medical provider's defense is based on the patient being informed of the risks associated with the procedure and that his claimed injury is a known complication of the partial colectomy procedure. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: November 14, 2023, Case #: 2023-C-0630, Categories: evidence, medical Malpractice
J. Gravois finds that the trial court properly dismissed a daughter's claim against a nursing home arising out of her deceased mother suffering a fall. In this case, the daughter does not state a cause of action for gross negligence or willful misconduct. At the time of the mother's fall, a public health
emergency was declared due to COVID and the nursing home was a healthcare provider. Therefore, under the Louisiana Health Emergency Powers
Act, "no health care provider shall be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: October 31, 2023, Case #: 23-CA-68, Categories: evidence, medical Malpractice
J. Chase finds that the trial court should not have found for a patient on his motion in limine regarding the patient not being informed of treatment risks of a surgery. In this case, a prohibition on introduction of all evidence regarding consent and informed risks is highly prejudicial to the medical provider because the medical provider's defense is based on the patient being informed of the risks associated with the procedure and that a ureteral injury and anastomotic leak is a known complication of the partial colectomy procedure. Further, any issues regarding informed consent can be addressed by a properly curated jury instruction. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 26, 2023, Case #: 2023-C-0630, Categories: evidence, medical Malpractice
J. Boyle finds the trial court properly denied the patient's motion for a new trial on medical malpractice claims. The testimony provided by the nurse anesthetist's expert witness did not exceed the scope of his qualifications and, even if it did, the patient's counsel invited the error when he cross-examined the witness about the standard of care required for anesthesiologists. Meanwhile, comments made by the nurse's attorney about expert witness fees and the length of the nurse's career during open and closing arguments did not prejudice the jury or constitute misconduct, but merely commented on the credibility of witnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: October 12, 2023, Case #: 2023-Ohio-3715, Categories: evidence, Experts, medical Malpractice
J. Bushong allows reconsideration of the Supreme Court’s decision. “We did not consider plaintiff’s second, third, and fourth assignments of error raised in the Court of Appeals that challenged evidentiary rulings by the trial court.” Reconsideration allowed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: October 5, 2023, Case #: S069762, Categories: evidence, medical Malpractice
J. Delaney finds that while the medical providers do not dispute the injury to the patient's femoral nerve occurred during hip replacement surgery, the trial court properly granted their motion for summary judgment because the inability by the patient's expert witness to pinpoint exactly when or why the injury occurred prevented him from creating a question of fact as to whether the providers' care fell below a reasonable standard of care. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: September 25, 2023, Case #: 2023-Ohio-3416, Categories: evidence, Experts, medical Malpractice
J. Wormuth denies the patient's motion for a new trial, ruling questioning by the dentist's attorney about the patient's sexual assaults, which resulted in his present disability, conformed with this court's limiting instruction and did not unfairly influence the jury. Meanwhile, evidence about the patient's smoking history was not prejudicial because it was contained in numerous medical records admitted without objection, while he could also have testified about whether he smoked immediately after the dental implant surgery.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 13, 2023, Case #: 1:21cv492, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: evidence, Jury, medical Malpractice
[Consolidated]. Per curiam. The Eighth Circuit finds a lower court properly denied as a matter of law an estate administrator's medical malpractice claims against a jail physician concerning the death of an inmate relative who died from sepsis. The estate administrator argued that the jail physician breached standard of care and that she is entitled to punitive damages. However, she failed to present sufficient evidence in court that the physician acted with malice. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 24, 2023, Case #: 22-1469, Categories: Civil Rights, evidence, medical Malpractice