6 results for 'cat:"Settlements" AND cat:"Medical Malpractice"'.
J. Gruber finds the circuit court improperly granted the stroke patient's motion to enforce settlement. The patient, who was a registered nurse at the hospital, alleges that doctors' negligence damaged her and the relationship between her and her spouse. Through the trial's resulting joint stipulation and various negotiations, the hospital offered a settlement of $4.75 million. Further negotiations resulted in a potentially larger settlement, with the hospital's CEO opting to not respond with any further offers. Testimony from the hospital's litigation officer, a mediator, and the patient's trial counsel, though found to be credible, was mostly subjective, and cannot overcome the CEO's directive. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: May 15, 2024, Case #: CV-22-799, Categories: settlements, Negligence, medical Malpractice
Per curiam, the circuit finds the district court properly enforced a settlement agreement in a case arising from an incident where a draping towel was left in the patient's abdomen after surgery. Although the patient changed his mind about settling, he fails to show his attorney did not have authority to settle.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 23-20102, Categories: settlements, medical Malpractice
J. Wolfe finds that the trial court properly awarded the individual $400,000 for survival and wrongful death claims after the choking death of her mother in a nursing home when she was given a sandwich despite being on a diet of pureed food. The Patient's Compensation Fund did not affirmatively plead its gross negligence defense, and the jury was properly instructed as to the "compliance and reporting requirements for nursing homes." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 5, 2023, Case #: 2022CA1288, Categories: settlements, Wrongful Death, medical Malpractice
J. Goldberg finds the trial judge abused her discretion by allowing the sole remaining physician sued for malpractice by a deceased patient’s estate to compel production of a complete, unredacted settlement agreement with a Rhode Island hospital and his fellow doctors. The amount that the settling doctors agreed to pay is not relevant to a determination of the remaining physician’s liability at trial.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: June 27, 2023, Case #: 2022-22, Categories: settlements, Discovery, medical Malpractice
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J. Najam finds that the trial court improperly ruled in claims seeking excess medical malpractice damages from the state patient's compensation fund because the fund is not required to intervene in settlement negotiations between claimants and providers. In addition, the underlying sexual assault claims do not meet the definition of medical malpractice. Reversed.
Court: Indiana Court Of Appeals, Judge: Najam, Filed On: June 2, 2023, Case #: 22A-CT-1276, Categories: Civil Procedure, settlements, medical Malpractice