18 results for 'cat:"Jurisdiction" AND cat:"Medical Malpractice"'.
J. Powell finds the lower court properly determined the originating court lacked jurisdiction. A patient in southwestern Virginia went to a medical center in nearby North Carolina for evaluation and treatment after complaining of a rash. Doctors met with the patient multiple times and communicated with the family via phone when they had inquiries. Despite seeing the patient for a long period, the doctors continued to push off having a biopsy done, allowing his soon-to-be-discovered skin cancer to increase in severity. The emails, text messages, and telephone calls from the North Carolina doctors constituted transacting business for the purpose of exercising longarm jurisdiction. Still, the communications did not qualify activities taking place within Virginia. The actual treatment occurred in North Carolina and the medical center did not maintain a presence or solicit business in Virginia. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: May 9, 2024, Case #: 230260, Categories: jurisdiction, medical Malpractice
Per curium, the court finds that the district court correctly denied a motion to remand to state court and a motion to amend complaint made by parents who sought damages related to alleged negligent prenatal care. The United States stands in as defendant for health care employees that are federally funded under the Federal Tort Claims Act and the case was removed to federal court. The services provided to the parents were part of a federal grant program and are under federal court jurisdiction. The parents’ motion to amend the defendants listed on the complaint will not impact federal court jurisdiction as the motion indicates. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: March 29, 2024, Case #: 23-3357, Categories: jurisdiction, medical Malpractice
J. Dimke dismisses the family member's complaint alleging that the hospital and others prescribed pain medication to the decedent, contributing to her addiction and her eventual death from “the toxic effects of multiple drugs.” The family member does not establish a proper basis for this court to exercise personal jurisdiction over the hospital, because although the hospital and others transmitted prescriptions to Washington pharmacies, the family member does not cite any authority supporting their argument that a prescription transmission to an out-of-state pharmacy at the patient's request is enough to show a purposeful direction.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 14, 2024, Case #: 2:23cv31, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: jurisdiction, medical Malpractice
J. Penzalo finds the lower court properly found in favor of a doctor regarding a patient's allegations of discrimination. The patient claimed the doctor was insensitive and accusatory during the initial visit with the doctor which caused her trauma, and that he discriminated against her. The doctor argued that the claim is one of medical malpractice, requiring the patient to first pursue relief via a medical review panel; the lower court agreed and dismissed the patient’s complaint. The instant court finds no error in the lower court’s determination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 13, 2024, Case #: 2023CA0914, Categories: Damages, jurisdiction, 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. Donnelly dismisses a self-represented litigant’s medical malpractice, civil rights and RICO lawsuit against a Staten Island-based healthcare provider on allegations its surgeons failed to recognize foreign objects inside his body during surgery, which he claims were originally left in his body during a surgery performed in 2008. The court lacks jurisdiction to hear his medical malpractice claims and he fails to allege the defendants are state actors or committed any predicate acts to suggest a pattern of racketeering activity.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: October 25, 2023, Case #: 1:23cv6697, NOS: Other Civil Rights - Civil Rights, Categories: jurisdiction, medical Malpractice, Racketeering
J. Lovric grants a self-represented litigant’s application to proceed in forma pauperis and simultaneously dismisses, for lack of subject matter jurisdiction, her medical negligence claims which allege a doctor employed with the Broome County Sheriff’s Department failed to order the appropriate blood tests for her, which required her to receive a large blood transfusion. Her claims are not actionable under federal law.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: September 29, 2023, Case #: 3:23cv1107, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, jurisdiction, medical Malpractice
J. Cabret finds against the government hospital in its appeal of a superior court order denying its motion for a bench trial in the patient's lawsuit over what he claims was the hospital's staff's negligence in failing to properly diagnose and treat his broken pelvis after he was in a car accident. Because the question of whether the hospital is entitled to a bench trial instead of a jury trial given of its potential waiver of sovereign immunity and the details of the Tort Claims Act is "effectively reviewable" after the lower court's final judgment, essential requirements for review are not satisfied and there is not yet jurisdiction to hear the hospital's interlocutory appeal, which is dismissed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: September 21, 2023, Case #: 2023 VI 11, Categories: Tort, jurisdiction, 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. Bell finds the trial court improperly dismissed this medical negligence suit. Though the medical center says the patient failed to properly name a legal entity, she filed an amended petition including the center’s proper legal name. The court then granted the center’s motion to dismiss because the patient did not take leave of court to file, also holding that it lacked jurisdiction over an added “non-party.” Because the center did not file an answer before the patient filed the amended petition, a cited case addressing leave of court is inapplicable. The court also has jurisdiction over the non-party as the claim relates back to the original filing date. Reversed and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Bell, Filed On: May 15, 2023, Case #: 120524, Categories: Negligence, jurisdiction, medical Malpractice