10 results for 'cat:"Immunity" AND cat:"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. Biggs grants summary judgment to Rockingham County, a deputy sheriff and three paramedics who were sued for wrongful death by the family of a man who died of cardiac arrest at home after refusing the EMTs’ advice that he go to the hospital to treat his fever, low oxygen level and heightened respiratory rate. They properly determined he was alert and of sound mind when he repeatedly refused their assistance, so their behavior was not negligent, and the suing family did not bring an expert to testify to a medical malpractice claim. Additionally, the claim against the deputy is barred by public official immunity.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 6, 2023, Case #: 1:21cv95, NOS: Other Civil Rights - Civil Rights, Categories: immunity, Wrongful Death, medical Malpractice
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J. Najam finds that the trial court improperly held that hospital defendants were shielded from medical malpractice claims contending they caused an erroneous report of child abuse to be created based upon incorrect laboratory results because reporting child abuse did not shield defendants from medical malpractice claims that would normally apply. Reversed.
Court: Indiana Court Of Appeals, Judge: Najam, Filed On: October 5, 2023, Case #: 22A-CC-2209, Categories: immunity, medical Malpractice
J. Rodriguez finds a lower court ruled correctly in denying a motion for sanctions based on grievances filed with the State Bar of Texas as part of a medical malpractice suit that the parties had already settled. “Professional misconduct complainants are entitled to absolute, unqualified immunity,” and because it was the doctor who initially filed the grievance, the lawyers for the patient cannot now attempt to bring sanctions against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 31, 2023, Case #: 08-22-00235-CV, Categories: Sanctions, immunity, medical Malpractice
J. Seeley finds the lower court properly denied the state's motion to dismiss on the grounds of sovereign immunity because the Office of the Claims Commissioner properly granted the estate permission to sue for lack of informed consent after it provided an expert report regarding the state's transfer of the decedent to a Florida facility for treatment. Additionally, the expert report was sufficient to allow the estate's claim to proceed and obviated the need for a hearing, which is not required under Connecticut law in any case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 9, 2023, Case #: AC45088, Categories: immunity, Experts, medical Malpractice