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Medical Malpractice Law
Berry & Murphy, P.C. v. Carolina Casualty Insurance Company

Plaintiffs-Appellants Berry & Murphy, P.C. and Timothy H. Berry, P.C. (“plaintiffs”) appeal the district court’s grant of summary judgment to Defendant- Appellee Carolina Casualty Insurance Company (“Carolina Casualty”) on plaintiffs’ claim for insurance coverage for a malpractice lawsuit. Plaintiffs filed their action in state court and Carolina Casualty removed the case to federal co... More...   $0 (11-20-2009 - CO)

Knapp Medical Center v. Juanita Molina

This case involves claims of sexual abuse allegedly perpetrated against appellee, Juanita Molina, by Bernardino Pedraza, L.V.N., a vocational nurse employed by appellant, Knapp Medical Center. (1) Knapp appeals the trial court's denial of its motion to dismiss Molina's health care liability claims pertaining to the alleged incidents of sexual abuse. By one issue, Knapp asserts that the trial cour... More...   $0 (11-19-2009 - TX)

Patricia Fierle v. Jorge Perez, M.D., Ltd., et al.

Appellants Patricia Fierle and her husband, Daniel Fierle, filed a complaint against Dr. Jorge Perez, members of his staff, and his professional medical corporation. The complaint stemmed from an incident where Patricia suffered severe burns from chemotherapy treatment that Dr. Perez’s staff administered. After initially failing to attach an expert affidavit to the complaint, the Fierles then ... More...   $0 (11-19-2009 - NV)

Saint Louis University and Paulo Bicalho, M.D. v. Alice Geary

Saint Louis University (“SLU”) and Paulo Bicalho, M.D., appeal the judgment in favor of Phillip Sgroi and his wife, Alice Geary, in a medical negligence action. A jury found Dr. Bicalho negligent for failing to timely diagnose and treat Mr. Sgroi’s fractured hip and found SLU, Dr. Bicalho’s employer, vicariously liable for his negligence. SLU and Dr. Bicalho present three issues on appeal:... More...   $0 (11-17-2009 - MO)

Frederick Beaty v. St. Luke's Hospital of Kansas City, Desmond J. Young, M.D., Cardiovascular Consultants, P.C. and Martin Henry Zink, M.D.

Following a jury verdict, Frederick and Barbara Beaty appeal a judgment denying their medical negligence claims against the defendants, St. Luke’s Hospital of Kansas City, Dr. Desmond Young, Cardiovascular Consultants, P.A., and Dr. Martin Zink III. The Beatys contend the circuit court abused its discretion in: (1) allowing a treating physician to testify as a defense expert after the physician ... More...   $0 (11-17-2009 - MO)

Doris Penrod v. David R. Schecter, M.D., Individually and d/b/a Schecter and Blumenfeld, P.A.

Is it reversible error to permit a jury to decide a case based on an instruction that is neither supported by the evidence, intended by the trial court, nor properly defined? Because we conclude that it is, we reverse and remand.


Doris Penrod appeals from a take nothing judgment entered in favor of David R. Schecter, M.D., Individually, and d/b/a Schecter and Blumenf... More...
   $0 (11-13-2009 - TX)

Charles Sell v. United States Department of Justice

Charles Thomas Sell sued the United States, alleging that he had been the victim of medical malpractice that occurred while he was in federal custody awaiting trial. The district court1 dismissed the case with prejudice as barred by the two-year statute of limitations for claims under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680. Sell appeals, arguing that the district court erred ... More...   $0 (11-06-2009 - MO)

Rudy E. Davis, Jr. v. Ziana Liese, M.D.

Rudy E. Davis, Jr. appeals the district court’s determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an executed waiver of service and did not formally serve Dr. Liese before the statutory deadline, we affirm.1


T... More...
   $0 (11-06-2009 - KS)

Debra A. Hutchins, M.D., et al. v. Rita Talbert

In this appeal we consider whether an order denying a motion to set aside the verdict is a final judgment for purposes of appeal when the trial judge has rendered final judgment in a separate, previously entered order, which is not vacated, suspended, or modified by the order ruling upon the motion to set aside the verdict.

Rita S. Talbert filed a complaint against Debra A. Hutchins, M.D. a... More...
   $0 (11-05-2009 - VA)

Jeremy Antley v. Dr. Faye Armstrong-Papp and Northwest Medical Center

Jeremy Antley sued Dr. Faye Armstrong-Papp on a medical negligence (medical malpractice) theory claiming that Defendant acted below the standard of care in providing post-operative case to him after his appendix burst during an appendectomy performed tat Northwest Arkansas Medical Center on August 19, 2007. Plaintiff presented at the hospital in pain and was correctly diagnosed as having an infla... More...   $0 (11-05-2009 - AR)

John McGlothlin, Personal Representative of the Estate of Gary Dayne McGlothlin v. Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C.

John McGlothlin, the Personal Representative of the Estate of Gary Dayne McGlothlin, deceased sued Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C. on a medical negligence (medical malpractice) theory. The claims made and defenses asserted are not available.... More...   $0 (11-01-2009 - OK)

Family and Estate of Wendy Leigh Jackson v. Wyndal K. Blankenship, Barry Riggs and Saad Rahman

The Family and Estate of Wendy Leigh Jackson sued Wyndal K. Blankenship, Barry Riggs and Saad Rahman on medical negligence (medical malpractice) theories claiming that the defendant doctors failed to exercise due care when they did not address the internal bleeding that occurred post partum at Fort Walton Beach Medical Center in June 2003. Ms. Jackson died about 16 hours after giving birth to a so... More...   $4000000 (10-27-2009 - FL)

Vaughn Schmechel v. Clinton Dille, M.D., et al.

This is an appeal from a district court‟s decision denying a new trial after it entered judgments on a jury verdict finding that Dr. Clinton DillĂ©, M.D., and Mr. Thomas Byrne, P.A., were not negligent in their medical treatment of Rosalie Schmechel, who died shortly after coming under their care at the Southern Idaho Pain Institute (SIPI) in 2003. Mrs. Schmechel‟s surviving spouse and childre... More...   $0 (10-26-2009 - ID)

Cristina Chalita-Cisneros, individually and as administrator of the Estate of Christian Chalita v. IMG Academies, Dr. Joseph Soler, Carol Tomlinson

The family and estate of Christian Chalita sued IMG Academies, Dr. Joseph Soler and Carol Tomlinson on negligence and medical malpractice theories for the wrongful death of Christian, age 16. Dr. Soler and Nurse Tomlinson examined Christian at the beginning of the school year at IMG Academies in 2003 and 2004 but failed to detect that he had an irregularly shaped heart that resulted in a heart at... More...   $1500000 (10-23-2009 - FL)

Sally Clawson v. Dr. Lawrence Rothstein, et al.

Sally Clawson's son Michael sued Dr. Lawrence Rothstein, Dr. Cara Powers, Riverview Health Institute, and a nurse on medical negligence theories (medical malpractice) claiming that substandard care provided to her directed caused her to suffer permanent brain damage after outpatient back surgery. Clawson, age 59, complained of pain and was given 20 m. of morphine and then 20 mg of Valium. She sta... More...   $6300000 (10-22-2009 - OH)

Laura Walsh & Daniel Walsh v. Michael G. Chev and Autism and Epilepsy Specialty Services of Illinois

Jason Walsh suffered from autism. When he was five-years-old, his parents sought help from Dr. Michael D. Chez, who specialized in treating autistic children and who did business through his clinic, Autism and Epilepsy Specialty Services of Illinois. Jason’s treatment went seriously awry shortly after he developed pneumonia, and sadly, Jason died on May 9, 2003, of complications from adrenal ins... More...   $0 (10-21-2009 - )

Christina Martinelli, et al. v. Oakwood Hospital and Medical Center and Michael Dargay, D.O.

In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial court’s order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda... More...   $0 (10-16-2009 - MI)

Badger v. Montefiore Medical Center

Plaintiff sued Montefiore Medical Center on a medical negligence (medical malpractice) theory claiming that emergency room doctors at the hospital acted below the standard of care when they failed to properly diagnose and treat him when he presented with with a fever. He claimed that because no blood test was performed to determine if he had a bacterial infection, he was diagnosed as having a vir... More...   $5450000 (10-16-2009 - NY)

Richard Bennett, Jr. v. New Milford Hospital, Inc., et al.

The plaintiff, Richard Bennett, Jr., the administrator of the estate of the decedent, Richard Bennett, Sr., appeals from the judgment of the trial court dismissing in part his medical malpractice action against the defendants, New Milford Hospital, Inc. (hospital), and Frederick Lohse, a physician, on the basis of the plaintiff’s failure to comply with the requirements of General Statutes § 52-... More...   $0 (10-13-2009 - CT)

Melinda Coombs v. Adrian Curnow, M.D., and Russell Griffiths, M.D.

This is an appeal from the district court‘s entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants‘ expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents‘ motion and that ... More...   $0 (10-13-2009 - ID)

Stanley Martin, individually and on behalf of Carol Martin v. John Schroeter, David Goldman and St. Joseph Hospital

Stanley Martin, individually and on behalf of Carol Martin, sued anesthesiologist John Schroeter, neurosurgeon David Goldman and St. Joseph Hospital on medical negligence theories (medical malpractice) claiming that defendants acted below the standard of care in operating on Carol Martin's neck and providing post operative care to her. She developed a post operative blood clot and suffered perma... More...   $0 (10-09-2009 - WA)

Sheila Ellout v. Detroit Medical Center, et al.

In this medical malpractice case, plaintiff appeals as of right from the trial court’s order granting defendants’ motion for summary disposition. We reverse and remand for entry of an order reinstating plaintiff’s complaint and dismissing plaintiff’s claim against defendant Christina Coulbeck without prejudice. This appeal has been decided without oral argument pursuant to MCR 7.214(E).More...   $0 (10-08-2009 - MI)

John Henry Hoard v. Boston Men's Health Center, Inc.

John Henry Hoard, age 56, sued Boston Men's Health Center, Inc. on a medical negligence (medical malpractice) theory claiming that he did not receive appropriate care and treatment for his erectile dysfunction problem. He further claimed that he experienced an erection that lasted two days and caused scar tissue to develop that permanent erectile dysfunction problems. Plaintiff claimed that he wa... More...   $9000000 (10-08-2009 - GA)

Matthew Munoz v. Samuel H. Braland

We must decide whether the district court abused its discretion in overruling the plaintiff’s motion to extend the deadline for designating an expert in a medical malpractice action.

I. Background Facts and Proceedings

Matthew Munoz underwent surgery for a wrist injury. Dr. Bruce Murphy performed the surgery. Murphy subsequently died.

Munoz sued Dr. Murphy’s estate for med... More...
   $0 (10-07-2009 - )

Janet Lake v. Dr. Benjamin Hung

Janet Lake sued Dr. Benjamin Hung on a medical negligence (medical malpractice) theory claiming that he acted below the standard of care in his care and treatment of her in conjunction with the gastric bypass surgery that he performed on her in 2006. Lake developed a post-operative gastric leak and peritonitis. She claimed that Hung failed to property monitor her condition and perform tests that ... More...   $0 (10-07-2009 - NE)

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