28 results for 'cat:"Health Care" AND cat:"Medical Malpractice"'.
J. Fitzwater finds that a patient, who claimed that a veterans’ medical center failed to notify him about aspects of his heart and lung conditions and failed to take proper steps to care for aspects of his condition, has not provide sufficient evidence to prove his claims. The patient did not provide evidence that notification would have changed his health outcome and the overall body of evidence indicates that the treatment he received either did not fall below the standard of care or was not shown to have a connection to an adverse outcome.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 30, 2024, Case #: 3:22cv982, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, Tort, 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
Per curiam, the Massachusetts Court of Appeals vacates portions of judgments against a woman suing her dentist for allegedly sexually harassing her — such as by telling her she had the option of working as a prostitute when she expressed that she had limited options regarding her teeth — and for assault, battery, and intentional infliction of emotional distress. The woman’s complaint did not fail to allege that any of the dentist’s conduct was economically motivated, because she included that her dentist snapped off one of her teeth, told her she should proceed with an $8,500 implant and lied about her money and insurance information to get her to proceed with treatment with his office. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: April 22, 2024, Case #: 23-P-0319, Categories: health Care, medical Malpractice, Assault
J. Shulman finds that the lower court properly found that a couple cannot sue a fertility clinic for medical malpractice for the failure to properly store their embryos. However, the couple's negligence claims are reinstated, as experts presented conflicting testimony regarding the potential impact of the cryopreservation process on the embryos. It is up for a jury to determine whether the embryos were already in poor condition when preserved, or if the clinic allowed them to degrade. Reversed in part.
Court: New York Appellate Divisions, Judge: Shulman, Filed On: April 18, 2024, Case #: 02088, Categories: health Care, Negligence, medical Malpractice
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J. Wood finds the county court improperly found for a healthcare company on a doctor's contract claims. The emergency room physician was terminated from the independent contractor agreement after complaints led to findings of his use of nonstandard diagnostics, a lack of candor and having unprofessional interpersonal skills. The court improperly included hearsay statements made by another doctor regarding the physician's not being placed on the work schedule. There is no other admissible evidence in the record that a particular hospital would not allow the physician to work at its locations. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 27, 2024, Case #: CV-22-745, Categories: health Care, medical Malpractice, Contract
J. Gordon grants the Department of Veterans Affairs' motion for summary judgment as to the patient's medical malpractice claim. The patient alleges the VA's medical provider negligently performed non-emergency invasive sinus surgery without his informed consent. The VA's liability under the Federal Tort Claims Act is determined by state law. The surgery was performed in Alabama, and malpractice claims based on alleged surgical negligence are barred by Alabama’s four-year statute of repose. The VA’s motion did not address allegations its provider also negligently failed to diagnose the patient's post-procedure nerve damage and, therefore, that claim remains pending.
Court: USDC Nevada, Judge: Gordon , Filed On: March 1, 2024, Case #: 2:22cv1823, NOS: Other Statutory Actions - Other Suits, Categories: health Care, Veterans, medical Malpractice
J. Parker finds that the lower court properly denied the appellants' motion to dismiss this health care liability action stemming from the death of a nursing home resident. The resident allegedly died from hypothermia after a window was left open at the assisted living facility where she lived. The nurse and the director challenge the proffered experts' qualifications "to opine on the applicable health care standards." However, the experts included two licensed nursing home administrators and a forensic pathologist. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 23, 2024, Case #: 07-23-00392-CV, Categories: health Care, Experts, medical Malpractice
J. Leggatt finds a lower court improperly dismissed a group of separate families' motion for claims of emotional distress. A group of hospital administrators argued that they were not obligated to protect family members from witnessing the deaths of their decedents. However, the families sufficiently showed in court that the administration failed to provide them with mental health services as a result of the deaths, which falls under medical negligence. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: January 11, 2024, Case #: 2024UKSC1, Categories: health Care, Negligence, medical Malpractice
J. Whitney denies a health care system’s motion to dismiss medical malpractice claims brought by a patient and his wife after a nurse administered a medication that caused the patient to suffer a second stroke. The patient and his wife’s amended complaint does satisfy federal rules, so the system is denied its motion. Also, the system is only partially entitled to summary judgment. While it correctly asserts that it was in no way responsible for the treatment given the patient, questions as to the patient’s negligent hiring and supervision claim and his wife’s loss of consortium claim still stand due to remaining disputes of material facts.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:22cv317, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: health Care, Negligence, medical Malpractice
J. Longoria conditionally grants the doctor's petition for a writ of mandamus, in which he challenges the lower court's failure to rule on his summary judgment motion in the underlying health care liability action. Though courts have "broad discretion in how they conduct business," the lower court abused its discretion by failing to issue a ruling on the motion in a reasonable time. The relator doctor repeatedly requested a ruling, and the motion has been pending for over a year.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 17, 2023, Case #: 13-23-00460-CV, Categories: Civil Procedure, health Care, medical Malpractice
J. Davies finds a lower court improperly dismissed a mother's medical malpractice claims against a hospital. The hospital argued that it was not responsible for injuries to her infant's brain during delivery. However, the mother presented sufficient evidence in court that the hospital failed to prevent the infant from suffering acute profound hypoxic ischemia prior to and during childbirth, which resulted in permanent brain damage and a diagnoses of quadriplegic cerebral palsy. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: November 15, 2023, Case #: CA-2022-2143, Categories: health Care, Negligence, medical Malpractice
J. Walker answers the certified question from the Kanawha County Circuit Court, "Whether parties who are dismissed from an action brought under the Medical Professional Liability Act (MPLA), but who did not settle their claims with the plaintiff may be considered by the jury in apportioning fault under West Virginia Code § 55-7B-9(b) (2016)?" The judge reformulates the question "whether a healthcare provider who was named in the complaint but voluntarily dismissed as a party is an 'alleged party' for purposes of West Virginia Code § 55-7B-9(b)?" and answers in the affirmative.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-567, Categories: Civil Procedure, health Care, medical Malpractice
J. Beatty rules a group of expert witnesses may partly submit opinions in court concerning a patient who suffered a miscarriage of a fetus with abnormal chromosomes, which could have been discovered in genetic screening of the father, who has four- way translocation. The group of expert witnesses may submit opinions of standard of care, but not theories of independent conception.
Court: USDC Southern District of Illinois, Judge: Beatty , Filed On: September 29, 2023, Case #: 3:20cv10, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, Experts, 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. Kelly finds that a lower court properly dismissed a patient's medical negligence claims against a healthcare provider. The patient argues that the healthcare provider failed to prevent him from suffering side effects from a prescribed medication and that he is entitled to a new trial. A jury found in favor of the healthcare provider. The court lacks jurisdiction based on the patient's failure to timely file a notice of appeal. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 16, 2023, Case #: 22-2012, Categories: health Care, Jurisdiction, medical Malpractice
J. Reed finds a lower court properly dismissed an estate administrator's wrongful death claims against a physician. The estate administrator argued that the physician breached duty of care when she refused to perform alternate treatments on its decedent, who died from heart failure at home. However, the physician sufficiently showed in court that she properly avoided taking material risks by refusing to prescribe an anti-inflammatory drug for pain. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: July 12, 2023, Case #: 2023UKSC26, Categories: Civil Rights, health Care, medical Malpractice
J. Pipkin finds that the trial court improperly imposed sanctions on the doctor and hospital based on a finding that their counsel violated the Health Insurance Portability and Accountability Act in a medical malpractice action brought by the patient. The patient claimed the attorney violated HIPAA by having conversations with a surgeon who works with the doctor at the hospital and by providing medical records to the surgeon without the patient's permission. The transmission of the documents to help the surgeon prepare for a deposition in the case was not a "disclosure" under HIPAA because the hospital could provide protected health information about the patient to doctors within its organization to conduct legal services. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 28, 2023, Case #: A23A0547, Categories: health Care, Sanctions, medical Malpractice
J. Contreras finds in this accelerated permissive appeal that the lower court properly denied the appellant's motion for summary judgment. The appellant, a nonprofit health corporation, argues that it cannot be vicariously liable for the alleged negligence of a physician. However, the court concludes that the physician was an employee of the appellant "for purposes of vicarious liability," and he was acting within the course of his employment at the time of the alleged acts. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: June 15, 2023, Case #: 13-22-00374-CV, Categories: Civil Procedure, health Care, medical Malpractice
J. Robinson affirms a lower court ruling dismissing medical malpractice claims against a hospital by a patient who claims a surgeon improperly placed hardware in his spine. The patient failed to provide expert testimony evidencing any causal link between the surgeon’s alleged breach of the standard of care and the patient’s alleged injuries. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 15, 2023, Case #: No. 22-235 , Categories: Evidence, health Care, medical Malpractice
J. Hanisee finds the state medical board did not err in revoking a doctor’s medical license. The doctor argued the board violated its own standards by not honoring his request to “exercise a peremptory excusal of a hearing officer,” but adopting the doctor’s interpretation of relevant statute — which could effectively require a regulator to recuse him or herself in the middle of the regulatory process if, as in this case, there were multiple patient complaints — could lead to “absurd results, which we seek to avoid.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: June 7, 2023, Case #: A-1-CA-39539, Categories: health Care, Agency, medical Malpractice