Medical Malpractice

  • December 22, 2016

    Patient Gets New Trial In Kidney Removal Negligence Row

    A New York state appeals court on Thursday granted a new trial to a patient who claimed she lost a kidney due to a surgeon’s failure to recognize a blockage, finding that the lower court had erred in directing a verdict in favor of the doctor and dismissing the complaint.

  • December 21, 2016

    Nonprofit Can't Shake Libel Suit Over Republished Article

    A California appellate court has kept alive an addiction and mental health treatment company's lawsuit alleging a nonprofit addiction support group and its founder libeled it in an electronic newsletter, saying the disputed statements aren't shielded by a state free-speech protection law.

  • December 21, 2016

    Patient Denied New Appeal In 6-Year Dental Malpractice Row

    A New York state appellate court on Tuesday declined a woman’s request to reargue her appeal of a lower judge’s decision to vacate a roughly $150,000 verdict she won after suing her dentist over a root canal gone wrong, closing the book on a six-year court battle that featured multiple turns.

  • December 21, 2016

    Hospital, Doc Escape Malpractice Row At Mich. Appeals Court

    A Michigan appeals court on Tuesday upheld a grant of summary disposition to a hospital and doctor in a medical malpractice suit by a patient who said his right leg was injured due to doctors’ inattention.

  • December 21, 2016

    Texas Hospital Can't End Suit Over 6-Year-Old's Death

    A Texas appellate court on Wednesday rejected an argument from Christus Spohn Health System Corp. that a lawsuit over a child's death following treatment at a hospital in Alice, Texas, should be dismissed based on an expert report that didn’t establish causation.

  • December 21, 2016

    Patient’s Claim Properly Labeled As Negligence: Fla. Court

    A Florida appellate court on Wednesday declined to review a lower court’s decision to let a patient’s lawsuit against a doctor’s office proceed as simple negligence as opposed to what the doctor's office contended was a medical malpractice claim, which would have required dismissal for not giving a pre-lawsuit notice.

  • December 21, 2016

    Texas Hospital Can't Duck Health Care Liability Claims

    Hickory Trail Hospital LP will have to face the health care liability claims brought against it by a former patient who alleged she was committed to its psychiatric facility against her will, a split Texas appellate court found on Tuesday, upholding a lower court's rulings that the suit could proceed.

  • December 20, 2016

    NJ Hospital's Liability Capped At $250K In Birth Defect Suit

    A New Jersey federal judge limited a hospital's liability to $250,000 on Tuesday in a medical malpractice suit brought by a mother who was upset that her caretakers did not offer Down syndrome screening and she did not have the choice to terminate her pregnancy.

  • December 20, 2016

    $8M Verdict Against Caretaker In Assault Suit Affirmed

    A Missouri appeals court on Tuesday affirmed a $9 million medical malpractice verdict in favor of a developmentally disabled woman who was sexually assaulted and impregnated by the husband of her caretaker, who had been assessed the lion's share of the award.

  • December 20, 2016

    Calif. Attys' Press Statements Protected By Anti-SLAPP

    A California appeals court Monday agreed that a trio of law firms targeted in a $60 million defamation suit did not defame a former hospital executive in media interviews when they raised allegations of counterfeit medical devices and a kickback scheme involving prostitution. 

  • December 20, 2016

    Kentucky Supreme Court Affirms Doc's Malpractice Win

    The Kentucky Supreme Court ruled last week that it won’t overturn a verdict in favor of a doctor who was accused of malpractice in a colon surgery, even though his experts shouldn’t have remained in the courtroom during trial.

  • December 20, 2016

    Texas Appeals Court Says Botched-Rehab Suit Can Proceed

    A Texas appeals court held Tuesday that a trial court didn’t err in denying Geriatric Associates of America PA’s bid to toss health-care liability claims leveled against it because of a physician's alleged negligence in handling a patient’s post-surgery rehabilitation, agreeing that an expert report supporting the allegations was sufficient.

  • December 19, 2016

    Doctors Lose Bid For Heart Stent Investigation Info On Appeal

    A pair of Pennsylvania cardiologists who sued a hospital for defamation after being accused of implanting unnecessary heart stents in patients lost their bid to overturn a lower court’s decision to deny them certain evidence requests on Monday, when a state appellate court found the order not yet reviewable.

  • December 19, 2016

    Ill. Court Trims Birth Malpractice Claims

    An Illinois federal judge on Friday pruned claims from a medical malpractice suit by a mother who said a U.S.-owned hospital she had used for four births botched her fifth one and put her at death's door, saying the physician expert reports provided in the suit were unsatisfactory.

  • December 19, 2016

    Del. Health Clinic Escapes Blame For Locked Bathroom

    A Delaware state judge on Friday ended a woman’s lawsuit against an outpatient health care clinic that claimed she suffered emotional damage as a result of being locked in a bathroom, finding there was no evidence of negligence or wrongdoing on the clinic’s part.

  • December 19, 2016

    Texas Court Affirms Malpractice Win For Hospital, Doctor

    A Texas appeals court affirmed a take-nothing judgment in favor of a hospital and doctor in a medical malpractice suit stemming from the death of a patient who was treated for a broken jaw, holding Monday that the lower court didn’t err by overruling a juror challenge and admitting two experts’ testimony.

  • December 19, 2016

    NJ Panel Says Med Mal Jury Needed Informed Consent Charge

    A New Jersey Appellate Division has ordered a new trial for a couple that filed an unsuccessful medical malpractice lawsuit over complications from a back pain treatment, ruling Monday that the jury should have been instructed to consider whether or not the patient gave informed consent to the procedure.

  • December 19, 2016

    Insurance Co. Disavows Coverage In Malpractice Suit

    Owners Insurance Co. sued Gilmer Urgent Care LLC in Alabama federal court Friday in a bid for a declaration it needn't cover medical malpractice claims over the death of a mentally deficient person.

  • December 16, 2016

    Michigan Med Mal Compensation Bill Heads To Governor

    The Michigan Senate recently approved a bill that would close a loophole allowing medical malpractice plaintiffs to sue for compensation for the charged amount of medical expenses rather than what is actually paid out by insurance companies.

  • December 16, 2016

    Texas Justices Reject Med Mal Case Over Sovereign Immunity

    The Texas Supreme Court on Friday declined to take up a case in which a state-funded University of Texas cancer clinic successfully evaded a medical negligence and wrongful death suit on grounds of sovereign immunity.