10 results for 'cat:"Government" AND cat:"Medical Malpractice"'.
J. Volk grants the government's motion for summary judgment in 27 former Beckley Veterans Medical Center patients' suits claiming they contracted infectious diseases from the uncredentialed use of acupuncture by Dr. Jonathan Yates. The 27 patients' claims are barred by res judicata since they all previously filed suits against Yates for malpractice and, prior to the government filing responsive pleadings, signed releases from any claims arising from Yates' medical negligence including those "unknown" or "unsuspected."
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: April 24, 2024, Case #: 5:23cv243, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: government, Health Care, 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. Biery adopts a report and recommendations and dismisses, with prejudice, a medical malpractice suit brought against an Army hospital under the Federal Torts Claim Act because the pro se patient has failed to timely respond to court motions and did not properly serve the Army hospital despite an order from a judge explaining how to do so.
Court: USDC Western District of Texas , Judge: Biery, Filed On: March 15, 2024, Case #: 5:23cv307, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: government, Tort, medical Malpractice
J. Urias denies the doctor's motion to dismiss for lack of jurisdiction, ruling that because she owns property and registered her medical license in Maryland, diversity requirements are met and this court has jurisdiction over the estate's medical malpractice claims. Meanwhile, the federal government's motion to dismiss will also be denied to allow for limited discovery on the issue of whether the doctor was an independent contractor that would render her an employee of the U.S.
Court: USDC New Mexico, Judge: Urias, Filed On: March 6, 2024, Case #: 1:22cv188, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: government, Jurisdiction, medical Malpractice
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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
J. Watson declines to dismiss claims brought by parents against the government and its hospital for negligence during the labor and delivery of their daughter, resulting in injury to the child. The parents' claims are timely even though the claims were brought more than two years after the birth. Hospital staff did not inform the parents at the time of the birth that a caesarian delivery should have been performed and only told the parents that the birth was complicated by the child's size and that she would fully recover, so accrual of the claim did not begin until the child was older and the parents noticed the effect of the injuries.
Court: USDC Hawaii, Judge: Watson, Filed On: December 20, 2023, Case #: 1:23cv300, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: government, medical Malpractice
J. Hunt partially grants the federal government’s motion to dismiss a negligence suit brought by a trucking company whose driver caused a fatal car crash after he suffered a heart attack behind the wheel. A year before the crash, a medical examiner from the federal Motor Carrier Safety Administration cleared the driver for duty with a bogus medical report that omitted how the driver had major heart surgery several years prior. The court dismisses the indemnification claim against the federal government, but the remaining negligence claims survive.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: November 14, 2023, Case #: 1:22cv3747, NOS: Other Statutory Actions - Other Suits, Categories: government, Negligence, medical Malpractice
J. Henderson finds the lower court erroneously granted the surgeon's motion for summary judgment. He failed to provide evidence his employer had sufficient daily interaction with the state government to render him a state actor under the New Mexico Tort Claims Act. Meanwhile, the claims against the doctor who interpreted the patient's CT scans were properly dismissed for lack of service after the patient failed to explain a 2-year delay between the filing of his complaint and service on the doctor. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: October 26, 2023, Case #: A-1-CA-39628, Categories: Civil Procedure, government, medical Malpractice