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Medical Malpractice Law
Benjamin, Weill & Mazer v. Nancy Hurwitz Kors

The California Arbitration Act (CAA) requires that “all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial” be timely disclosed to all parties (Code Civ. Proc., § 1281.9, subd. (a).)1 The issue in this case is whether this requirement may include business relationships with persons or entities... More...   $0 (12-10-2010 - CA)

Lula M. Henry v. New Jersey Department of Human Services

In Montells v. Haynes, 133 N.J. 282 (1993), the Court held that the two-year statute of limitations applies to all claims filed under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), in Superior Court. The complaint must be filed within two years of the date on which the cause of action “accrued.” N.J.S.A. 2A:14-2. Montells, supra, 133 N.J. at 285. In this case we exami... More...   $0 (12-10-2010 - NJ)

Kristen Burton v. Joseph T. Cruise

We affirm the trial court‟s determination that a patient waived her contractual right to arbitrate a medical malpractice dispute by waiting to pursue arbitration until the virtual eve of trial, long after discovery, including expert discovery, had been completed.

Substantial evidence supports the trial court‟s factual determination on waiver, based on our Supreme Court‟s multi-facto... More...
   $0 (12-08-2010 - CA)

B.D.H. v. Margaret T. Mickelson, M.D.

[¶1] B.D.H., by and through his parents, next of friends and natural legal guardians, S.K.L. and C.S.H., and S.K.L. and C.S.H., individually, ("plaintiffs") appeal from a summary judgment dismissing their malpractice action against Dr. Margaret Mickelson, Dr. Nathaniel Karlins, MeritCare Health System, and MeritCare Hospital ("doctors"). The plaintiffs argue B.D.H.'s wrongful life claim, which th... More...   $0 (12-07-2010 - ND)

Stacey Renee Burton v. Modern Day Dental, L.L.C. and Jeremy Hopkins

Stacey Renee Burton sued Modern Day Dental, LLC and Jeremy Hopkins on medical negligence (medical malpractice) theories.

The claims made and defenses asserted are not available.... More...
   $1 (12-06-2010 - OK)

Michael T. Jelinek, M.D. v. Francisco Casas

When circumstantial evidence is consistent with several possible medical conclusions, only one of which establishes that the defendant’s negligence caused the plaintiff’s injury, an expert witness must explain why, based on the particular facts of the case, that conclusion is medically superior to the others. If the expert fails to give any reason beyond an unsupported opinion, the expert’s... More...   $0 (12-03-2010 - TX)

Elijah Bennett v. Sinai Hospital of Greater Detroit d/b/a Sinai-Grace Hospital

In this medical malpractice case, we revisit the recurring issue whether Dr. Ronald Gabriel’s expert testimony concerning causation satisfies the requirements of MRE 702 and MCL 600.2955(1). The circuit court granted summary disposition to defendant Sinai Hospital of Greater Detroit (Sinai Hospital), finding that plaintiff Ebonie Bennett had failed to produce scientific support for Gabriel’s o... More...   $0 (12-02-2010 - MI)

Texas Cypress Creek Hospital, L.P. v. Marshelia Hickman

In this accelerated interlocutory appeal, appellant Texas Cypress Creek Hospital, L.P. d/b/a Cypress Creek Hospital (“Cypress Creek”), complains of the trial court’s denial of its motion to dismiss the healthcare-liability claims of appellee Marshelia Hickman, individually and as personal representative of the Estate of Jayme R. Cox, on the grounds that Hickman’s expert reports do not sati... More...   $0 (12-02-2010 - TX)

Debra M. Barkes v. River Park Hospital, Inc.

River Park Hospital has filed a Tenn. R. App. P. 39 petition for rehearing requesting this Court to reconsider its opinion filed on October 20, 2010. We have carefully reviewed the entire record and appellate briefs, from all of which we conclude that our opinion addressed and considered all issues raised by River Park in its appeal.

In its petition for rehearing, River Park advances two pr... More...
   $0 (11-30-2010 - TN)

Karen Scruggs Simmons v. Texoma Medical Center

Karen Scruggs Simmons, individually and as representative of the Estate of Brandon Scruggs, appeals the trial court's order dismissing her suit, with prejudice, against Texoma Medical Center ("TMC"). We affirm.


The following facts are taken from Simmons' original and amended petitions. Having overdosed on the antipsychotic drug, Loxapine, Simmons' son, Brandon Scruggs, was... More...
   $0 (11-30-2010 - TX)

Larry Roth v. Ronald Joseph, M.D.

¶1 This medical malpractice case involves two questions, one involving the setting aside of a default certificate, the other the application of the limitations statute. Plaintiff Larry Roth filed a medical malpractice action against Dr. Ronald Joseph and St. Mark's Hospital (the Hospital), alleging that Dr. Joseph negligently failed to clearly identify for the surgeon a spot in Mr. Roth's colon t... More...   $0 (11-26-2010 - UT)

Angela Brescia v. Slack & Davis, L.L.P. and Donna Bowen

Angela Brescia and Duane Brescia (the “Brescias”) sued Slack & Davis, L.L.P., and attorney Donna Bowen (collectively, “Slack & Davis”or “the law firm”) for negligence, deceptive trade practices, and breach of fiduciary duty in the handling of the Brescias’ underlying medical-malpractice lawsuit. The trial court denied the Brescias’ motion for entry of a discovery-control plan (Leve... More...   $0 (11-24-2010 - TX)

David Szpak v. Dr. Joy Inyang

Defendants1 appeal by leave granted2 the trial court’s order granting in part and denying in part defendants’ motion for a qualified protective order in this medical malpractice action.

Defendants argue that the trial court abused its discretion when it imposed certain conditions on the protective order. We agree, and therefore reverse in part and vacate in part the qualified protective... More...
   $0 (11-23-2010 - MI)

Phillip Garrigan v. Philip J. Bowen, M.D.

In the underlying medical malpractice action, the plaintiff, Phillip Garrigan, alleged that the defendant, anesthesiologist Dr. Philip J. Bowen, negligently managed his care during his lumbar spine surgery and caused Garrigan to suffer loss of vision as a result of the surgery.

In this original proceeding under C.A.R. 21, we review the trial court’s order striking the trial testimony of... More...
   $0 (11-22-2010 - CO)

Phillip Grassie v. Roswell Hospital Corporation d/b/a Eastern New Mexico Medical Center

{1} Walter Grassie died less than two hours after he was admitted to the emergency room at Eastern New Mexico Medical Center (Hospital) in Roswell, New Mexico. Mr. Grassie’s personal representative sued the Hospital asserting that (1) the emergency room medical staff was medically negligent; (2) the Hospital was negligent in allowing the treating physician to practice in its facility; and (3) th... More...   $0 (11-20-2010 - NM)

Mable Beal v. Walgreen Company

In this diversity case, Mable B. Beal, deceased (through representative Deborah K. Putnam), and Ruth M. Schaeffer, deceased1 (through representative Doris Bicknell), (collectively, the “Plaintiffs”) challenge the district court’s partial grant of summary judgment for the Plaintiffs and for the defendant, Walgreen Company (“Walgreens”). This case arises from state-law causes of action for... More...   $0 (11-11-2010 - TN)

Floyd Loper v. Dr. Ashok Kumar and Injured Patients and Families Compensation Fund

¶1 PER CURIAM. In this medical malpractice action, Floyd Loper appeals from an order denying his motion to withdraw admissions and granting summary judgment to Ashok Kumar, M.D., and the Injured Patients and Families Compensation Fund (“the Fund”). Seeing no error, we affirm.

¶2 On August 18, 2004, Dr. Kumar performed a left femoropopliteal in situ saphenous vein bypa... More...
   $0 (11-10-2010 - WI)

Ronald Engh v. Michael REardon, M.D. and Panagiotis Kougias, M.D.

This appeal arises from medical malpractice claims brought by appellant, Ronald Engh, against appellees, Dr. Panagiotis Kougias and Dr. Michael Reardon. The trial court dismissed Engh’s claims against both doctors with prejudice after concluding that the expert report served by Engh did not satisfy the requirements of section 74.351 of the Texas Civil Practice and Remedies Code.[1] This appeal... More...   $0 (11-10-2010 - TX)

Gwendolyn Sealy v. Nancy Bishop, M.D., et al.

Gwendolyn Sealy, individually and as mother and next friend of Kermit Kavon Sealey sued Nancy Bishop, M.D., O.U. Medical Center, HCA Health Services, of Oklahoma, Inc. and Andy Greenshaw on medical negligence (medical malpractice theories). She claimed that on January 21, 2007, she presented to OU Medical Center complaining of labor pains. After several hours and because of decelerations in feta... More...   $0 (11-05-2010 - OK)

Kingwood Specialty Hospital v. Ramona Barley

Appellants, Kingwood Specialty Hospital, Ltd. and Kingwood Specialty Hospital (collectively, “Kingwood”), bring this interlocutory appeal from the trial court’s denial of their motion to dismiss the medical malpractice claims of appellee, Ramona Barley. In two issues, Kingwood claims that the trial court abused its discretion in denying their motion to dismiss. We affirm the judgment of th... More...   $0 (10-29-2010 - TX)

Lou Ella Sherrill v. Bob T. Souder, M.D.

This medical malpractice suit was filed by Lou Ella Sherrill and her daughter, Barbara Pigg, against Bob T. Souder, M.D. and TransSouth Healthcare, P.C., a corporation in which Dr. Souder is the sole shareholder (hereinafter “the Defendants”). Ms. Pigg was dismissed as a party, but later filed a motion to amend the complaint to substitute herself as the plaintiff after Ms. Sherrill’s death. ... More...   $0 (10-28-2010 - TN)

Doctors Hospital v. Santos Hernandez

In this interlocutory appeal, appellants, Doctors Hospital, Doctors Hospital, 1997, L.P., individually and d/b/a Doctors Hospital, Tidwell Parkway Ventures, LLC, individually and d/b/a Doctors Hospital (collectively, “Doctors Hospital”), and Denitria Price, challenge the trial court’s order denying their motion to dismiss the heath care liability claim of appellee, Santos Hernandez, individu... More...   $0 (10-23-2010 - )

Debra Cobb v. Tara Shipman

Debra Cobb sued Dr. Tara Shipman on a medical negligence theory (medical malpractice) claiming that Dr. Shipman acted below the standard of care during the labor and delivery process at the end of her pregancy and, as direct result, her daughter, Haley Cobb, suffered brain damage that caused her daughter to suffer from cerebral palsy. Plaintiff further claimed that Shipman failed to recognize or ... More...   $13900000 (10-22-2010 - OH)

Safwat Kamel v. The University of Texas Health Science Center at Houston

In this medical malpractice case, appellant, Safwat Kamel, appeals from the trial court’s grant of appellee University of Texas Health Science Center at Houston’s (“UTHSCH’s”) plea to the jurisdiction. In four issues, Kamel argues that (1) the trial court abused its discretion in granting UTHSCH’s plea to the jurisdiction because no fact issue remained regarding whether Kamel’s cla... More...   $0 (10-21-2010 - TX)

Lonnie Eskelson v. Davis Hospital and Medical Center

¶1 Lonnie Eskelson sued Dr. Jonathan Apfelbaum on behalf of his four-year-old son Jacob, alleging that Dr. Apfelbaum perforated Jacob’s eardrum during an attempt to extract a bead lodged in Jacob’s ear. Mr. Eskelson appeals the district court’s decision excluding his expert testimony and granting summary judgment in favor of Dr. Apfelbaum.


¶2 On May 24, 2004, Jacob... More...
   $0 (10-15-2010 - UT)

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