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Medical Malpractice Law
Wisconsin Medical Society, Inc. v. Michael L. Morgan

This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).[1] As part of the 2007-2009 state budget, 2007 Wis. Act 20 (the Act), the legislature transferred $200 million from the Injured Patients and Families Compensation Fund (the Fund) to the Medical Assistance Trust Fund (MATF). 2007 Wis. Act 20, § 9225. To implement the Act, ... More...   $0 (07-20-2010 - WI)

Joanne Law v. Daniel Griffith

General Laws c. 233, § 79G (§ 79G), concerns, in part, the admissibility of medical bills "as evidence of the fair and reasonable charge" for medical services provided. [FN1] In this negligence action in which the plaintiff sought to recover damages for personal injuries, a Superior Court judge determined that the plaintiff's medical bills could be excluded from evidence under § 79G because the... More...   $0 (07-20-2010 - MA)

Katy A. Bozzi v. Nordstrom, Inc.

In this personal injury lawsuit, plaintiff Katya Bozzi appeals from the grant of summary judgment in favor of defendants Nordstrom, Inc., South Bay Center, LLC (collectively Nordstrom), and Kone, Inc. (Kone). Bozzi was riding the down escalator to the first floor of a Nordstrom department store when the escalator stopped abruptly due to a power outage that was apparently caused by a nearby traffic... More...   $0 (07-13-2010 - CA)

Cynthia and Perfecto Provencio v. Steven L. Wenrich, D.O.

{1} Plaintiffs Cynthia and Perfecto Provencio appeal the district court’s dismissal of their negligence case against Defendant Steven Wenrich, D.O. Plaintiffs filed suit against Defendant seeking damages for the costs of raising their child conceived after an unsuccessful sterilization procedure performed by Defendant. After the close of Plaintiffs’ case at a jury trial, Defendant moved for ju... More...   $0 (07-09-2010 - NM)

The Kneibert Clinic LLC v. Richard Smith, M.D.

The Kneibert Clinic, LLC ("Kneibert") filed suit against Dr. Richard Smith and Weatherby Locums Tenens, Inc. ("Weatherby"), alleging a claim of indemnification from Dr. Smith and Weatherby for a judgment incurred by Kneibert in a separate lawsuit brought by a patient allegedly harmed by the negligence of Kneibert and Dr. Smith. A jury rendered a verdict in favor of Dr. Smith and Weatherby. Kneiber... More...   $0 (07-06-2010 - MO)

Elsie Dentes v. Dr. Jonathan Mauser and Cayuga Cardiology Associates P.C.

Elsie Dentes, the widow of former Tompkins County District Attorney George Dentes, sued Dr. Jonathan Mauser and Cayuga Cardiology Associates P.C. on medical negligence (medical malpractice) and respondeat superior theories for the wrongful death. Plaintiff claimed that George Dentes suffered a fatal heart attack in April of 2005 after undergoing a stress test performed by Mauser. Plaintiff claime... More...   $1400000 (07-03-2010 - NY)

Grant T. Roderer, M.D. v. Deborah Dash

Deborah Dash brought a medical malpractice claim against Dr. Grant Roderer based on a procedure he performed to relieve her back pain. A jury awarded Dash roughly $1.4 million in compensatory damages. The superior court awarded Dash costs under Alaska Civil Rule 79 and attorney’s fees under Alaska Civil Rule 68. Dr. Roderer appeals from the denial of his motions to dismiss, for judgment notwiths... More...   $0 (07-02-2010 - AK)

Mariner Health Care of Nashville, Inc. v. Gladys Robins

Appellee Gladys Robins sued appellant Mariner Health Care of Nashville, Inc. Robins asserted claims for medical malpractice under the Texas Wrongful Death Act and the Texas Survival Statute, alleging that her mother, Betty Battle, suffered injuries and died due to negligent nursing home care. See Tex. Civ. Prac. & Rem. Code Ann. §§ 71.001–.012 (Vernon 2008) (wrongful death action); id. § 71... More...   $0 (07-01-2010 - TX)

Joseph Laramie v. Shawn Stone

The defendants, Shawn Stone and Todd Connor, appeal a jury verdict awarding the plaintiffs, Joseph Laramie and Timothy Hallam, $650,000 and $1.3 million, respectively, in compensatory damages. We affirm in part, reverse in part and remand.

The record supports the following relevant facts. The parties worked together for the department of corrections (DOC) at the New Hampshire State Prison i... More...
   $0 (06-30-2010 - NH)

University of Texas Health Science Center at San Antonio v. Patricia Webber-Eells and William Eell

Section 101.106 of the Texas Civil Practice and Remedies Code is entitled “Election of Remedies” and is applicable when an employee of a governmental unit is sued. Tex. Civ. Prac. & Rem. Code Ann. § 101.106 (Vernon 2005). Since 2003, this statute has required a plaintiff to “decide at the outset whether an employee acted independently and is thus solely liable, or acted within the general... More...   $0 (06-30-2010 - TX)

Ann Spradling v. SSM Health Care of St. Louis

The issue in this medical negligence case is whether the health care affidavit filed pursuant to section 538.225.21 was based upon an opinion by a “legally qualified health care provider” who actively practiced “substantially the same specialty” as the defendant. This Court finds that the phrase “substantially the same specialty” used in section 538.225.2 does not require that a “leg... More...   $0 (06-29-2010 - MO)

Harry Keith v. Bart Borsky, M.D.

Harry Keith, Surviving spouse and next of Kin of Teresa K. Keith sued Bart Borsky, M.D., Michael Kutner, M.D., R. Kent Dyer, M.D. and Ravi Pruthi, M.D. on medical negligence (medical malpractice) theories.

Deceased, Teresa K. Keith, was admitted to Integris Baptist Medical Center on September 19, 2006, as a candidate for pancreas transplant surgery. Shortly after midnight on September 20... More...
   $0 (06-25-2010 - OK)

Bernstein and Grazian, P.C. v. Grazian and Volpe, P.C.

Plaintiffs-appellants and cross-appellees Bernstein & Grazian, P.C. (B&G), and the Estate of Isadore M. Bernstein, deceased (Bernstein),1 brought suit against B&G's former law partners defendants-appellees and cross-appellants Grazian & Volpe, P.C. (G&V), John Leonard Grazian (Grazian), and Richard S. Volpe (Volpe)2 for breach of contract and fiduciary duty, seeking an accounting, an injunction an... More...   $0 (06-25-2010 - IL)

Wesley Simmons v. Navajo County, State of Arizona

We must decide, among other issues, whether local jail personnel, their supervisors, and their county employer violated the Fourteenth Amendment due process rights of a pretrial detainee who committed suicide while in their custody.



After allegedly molesting a ten-year-old girl at an elementary school playground, Jasper Simmons (“Jasper”) was arrested by the Pinetop-La... More...
   $0 (06-23-2010 - AZ)

Michelle Dilieto,e t al. v. County Obstetrics and Gynecology Group, P.C., et al.

In this medical malpractice case, which returns to us for a second time,1 we consider two separate appeals. In the first appeal (Docket No. SC 17744), the defendant Scott Casper, a gynecologist, his employer, the named defendant, County Obstetrics and Gynecology Group, P.C. (County Obstetrics), and the defendant Yale University School of Medicine,2 appeal from the judgment of the trial court, rend... More...   $5200000 (06-22-2010 - CT)

Eridania Martinez v. Hongyi Cui

Eridiana Martínez brought federal and state claims alleging that Dr. Hongyi Cui, a first-year medical resident, sexually assaulted her by digital rape during an examination when she was an emergency-room patient at the UMass Memorial Medical Center. A jury, after trial, rejected her claims.

On appeal, Martínez alleges there was error in the district court's evidentiary rulings a... More...
   $0 (06-17-2010 - MA)

Muriel D. Walton v. Arun-Angelo Patil, M.D.

Muriel D. Walton sued Arun-Angelo Patil, M.D., alleging that he breached the applicable standard of care during and after a surgical procedure Patil performed on Walton’s lower back. Before trial, Walton notified the court that she intended to enter into evidence the deposition testimony of her expert witness, Leon J. R Ravvin, M.D. This deposition was taken by Patil’s counsel. Patil objected... More...   $0 (06-11-2010 - NE)

Angela Walton v. Mid-Atlantic Spine Specialists, P.C., et al.

In this medical malpractice case, we consider whether the defendant doctor waived the attorney-client privilege for a letter he wrote to his attorney regarding potential negligence in his examination of key x-rays when that letter was produced to the plaintiff during discovery. We hold the doctor’s disclosure of the letter was inadvertent, but that the doctor waived his attorney-client privilege... More...   $0 (06-10-2010 - VA)

Tina Shupe v. Dr. Zev Elias, et al.

Tina Shupe, age 38, sued Carilion Clinic and Dr. Zev Elias on medical malpractice (medical negligence) and respondeat superior theories claiming that Dr. Elias performed the wrong type of surgery on a herniated disc in her back. Plaintiff claimed that as a direct result she has experienced continuing back pain. Shupe ruptured a disc in her back in 2007 when she lifted a bariatic bedside commode w... More...   $1930000 (06-05-2010 - VA)

Laron Birmingham, et al. v. St. Joseph Regional Medical Center, Inc., et al.

Kishia Lee, individually and on behalf of Laron Birmingha, age 5, sued Donald Baccus, the Wisconsin Injury Patients and Families Compensation Fund and St. Joseph Regional Medical Center on medical malpractice theories claiming that substandard care by Baccus and St. Joseph's staff directly caused Laron to suffer permanent severe brain damage in 2005. Ms. Lee went into prolonged labor in May 2005 ... More...   $23300000 (05-29-2010 - WI)

Family and Estate of Vincent Liew v. New York University - Langone Medical Center and Dr. Thomas Diflo

The family and estate of Vincent Liew sued NYU Langone Medical Center on a medical malpractice theory claiming that hospital doctors and personnel acted below the standard to care when they surgically implanted a kidney from a donor who had uterine cancer. As a result of the cancerous kidney being implanted into his body, Mr. Liew developed and died from cancer.

Defendants' denied wrongd... More...
   $0 (05-28-2010 - )

Bobbie Thomas v. Wayne Hardwick, M.D., et al.

Bobbie Thomas appeals from a judgment entered on a defense verdict in her wrongful death suit against Dr. Wayne Hardwick, his practice group, and Washoe Medical Center. Her suit alleges that medical malpractice led to her husband’s preventable heart attack and death two weeks after Dr. Hardwick saw him for chest pain complaints in WMC’s emergency room. On appeal, Thomas asserts that errors b... More...   $0 (05-27-2010 - NV)

Aubert A. Godbout, et al. v. WLB Holding, Inc.

[¶1] Aubert A. and Christiane Godbout1 appeal from a judgment entered in the Superior Court (Cumberland County, Nivison, J.) dismissing as time-barred their products liability complaint against WLB Holding, Inc., f/k/a W.L. Blake & Co. The Godbouts contend that the court’s application of the Maine Business Corporation Act’s statute of repose to their complaint violates the purposes of the Act... More...   $0 (05-27-2010 - ME)

Tracey Wallace and Eric Wallace v. Jonathan S. McGlothan

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On... More...   $700000 (05-27-2010 - IN)

Corey Frey v. AT&T Mobility, L.L.C f/k/a Cingular Wireless; AT&T Corporation

Corey Frey appeals the district court’s dismissal of his diversity action. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.


Ernest Frey was the guardian of his eighty-two-year-old mother, Geraldine Frey.1 Responding to Cingular Wireless2 advertisements stating that “cell phones provide[] additional safety and security to users since they could call from almost any lo... More...
   $0 (05-21-2010 - OK)

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