The technological advances in the medical field over the last 20 to 30 years have resulted in patients receiving improved care when treated for a variety of medical conditions and ailments. However, mistakes and errors by medical providers remain more common than many observers would believe. Although the incorporation of precision…
Articles Posted in Medical Malpractice
Plaintiff’s Medical Malpractice Claim Rejected as Untimely After Transfer from Federal to State Court
The Idaho Supreme Court recently published an opinion that affirmed a state district court’s dismissal of a medical malpractice lawsuit based on the plaintiff’s failure to file the complaint within the state’s two-year statute of limitations. The plaintiff in the case of English v. Taylor had initially filed a complaint…
Court Permits Wrongful Death Claim to Proceed after Personal Injury Judgment Had Been Awarded Based on Defendant’s Same Negligent Conduct
The Maryland Supreme Court recently affirmed a lower court’s decision allowing the family of a deceased child to pursue a wrongful death claim against a negligent medical provider who allegedly caused the death of their son. The case is unique because the son, before his death, had already collected a…
State Supreme Court Rules in Favor of Medical Malpractice Plaintiff’s Attempt to Extend Statute of Limitations
The Connecticut Supreme Court recently released an opinion discussing their decision to uphold the reversal of a trial court’s ruling that a medical malpractice plaintiff’s claim was time-barred because it was filed after the statute of limitations had expired. The most recent ruling held that the plaintiff’s argument for extending…
Court Reverses Judgment for Defendants in Wrongful Death Medical Malpractice Case
The Supreme Court of Oklahoma recently ruled to reverse a lower court’s decision to grant summary judgment to the defendants in a medical malpractice case that was filed by the surviving family members of a woman who died while hospitalized in 2006. The state supreme court ruled that the lower…
State Supreme Court Rules that Post-Mortem Misconduct by Doctor Is Medical Malpractice, Reverses Damages Award
The Supreme Court of the State of Texas recently released an opinion holding that a defendant’s actions in improperly obtaining a woman’s consent for a private autopsy of her husband, who died while under their care, was a medical malpractice claim. Although the ruling in the case of Christus Health…
Settlement Reached in Joan Rivers Medical Malpractice Case
Earlier this month, a settlement was announced in the wrongful death and medical malpractice case filed by the family of deceased comedienne Joan Rivers. The lawsuit was based upon her 2014 death at an outpatient surgery center in New York City. Although the exact terms and financial amount of the…
Appellate Court Reverses Defense Verdict Based on Contradicting Testimony
The Supreme Court of Indiana recently released a ruling in which they reversed the granting of summary judgment to the defendants in a medical malpractice lawsuit filed on behalf of the surviving family members of a deceased woman who allegedly died as a result of the defendants’ negligence and refusal…
State Supreme Court Reverses Judgment for Defendant in Wrongful Death Claim
The Supreme Court of Idaho recently released an opinion reversing a lower court’s dismissal of a wrongful death by medical malpractice claim. The district court had ruled that the plaintiffs’ claim against the hospital where a family member died from an anesthesiologist’s alleged negligence could not proceed, since the medical provider…
What Level of Care Gives Rise to a Medical Malpractice Case in Florida?
Medical malpractice is a term almost everyone is familiar with. However, what exactly constitutes medical malpractice is often misunderstood by the general public. Essentially, a medical malpractice claim asserts that a doctor’s negligent conduct resulted in some harm to his or her patient. What exactly constitutes “negligent conduct” is often…