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Medical Malpractice Law
Carol Gliemmo v. Mark Cousineau

Carol and Robert Gliemmo (Appellants) brought a medical malpractice action against emergency room doctor Mark Cousineau, Emergency Medical Specialists of Columbus, P.C., and St. Francis Hospital, Inc. (Appellees). After Appellees answered the complaint, Appellants filed a challenge to the constitutionality of OCGA § 51-1-29.5 (c), which provides:

In an action involving a health care lia... More...
   $0 (03-15-2010 - GA)

Lonnie Eskelson v. Davis Hospital and Medical Center and Jonathan Apfelbaum

¶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’s testimony and granting summary judgment in favor of Dr. Apfelbaum.


¶2 On May 24, 2004, J... More...
   $0 (03-12-2010 - UT)

Marylou Primiano v. Yan Cook

We address admissibility under Daubert1 of medical testimony.

I. Facts

Marylou Primiano has suffered a miserable ordeal since she had elbow surgery. The question raised by her litigation2 is whether her ordeal resulted from a defective product, the artificial elbow Howmedica Osteonics Corporation manufactured.

The district court granted summary judgment against her and dismiss... More...
   $0 (03-12-2010 - NV)

David L. Gerke v. Frank Romero, et al.

{1} The primary issue presented in this case is, when does the statute of limitations begin to run for purposes of “toxic tort” personal injury claims? Plaintiff (Tenant) appeals pro se from the district court order granting summary judgment in favor of Defendants (Landlords) dismissing his claim for damages due to exposure to mold.

The district court granted summary judgment to Landl... More...
   $0 (03-10-2010 - NM)

Phil Johnson v. J. Edward McCullough, M.D. and Mid-America Gastro-Intestinal Consultants, Inc.

J. Edward McCullough and Mid-America Gastro-Intestinal Consultants (collectively “Defendants”) appeal from the trial court’s judgment granting Phil Johnson’s motion for a new trial alleging intentional nondisclosure by a juror. After disposition by the court of appeals,1 this Court granted transfer. MO. CONST. art. V, sec. 10.

This Court affirms the trial court’s judgment. Counsel... More...
   $0 (03-09-2010 - MO)

Centocor, Inc. v. Patricia Hamilton

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail... More...   $0 (03-08-2010 - TX)

Jack Saylor v. D.r Karen Arcotta, et al.

In this appeal, we clarify the applicable limitations periods for equitable indemnity and contribution claims. In doing so, we conclude that claims for equitable indemnity are subject to the limitations period prescribed by NRS 11.190(2)(c), while claims for contribution are subject to the limitations period prescribed by NRS 17.285. Because no judgment has been entered in the case at hand, and ... More...   $0 (03-04-2010 - NV)

Robert French v. Law Offices of Windle Turley, P.C.

This appeal arises out of the now ten-year pursuit of attorney=s fees by the Law Offices of Windle Turley, P.C. (ALOWT@) (Editor's Note: The Second District of the Texas Court of Appeals publishes its reports with characters substituted for certain punctuation marks.) against Robert French. A jury awarded no damages on the quantum meruit claim filed by LOWT against French and $1,400,000 in damage... More...   $0 (03-04-2010 - TX)

Marcy Willis v. D. Scott Bender, M.D.

Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis’ small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of informed consent and medical malpractice. The district court granted summary judgment to Bender on informed consent claim. The medical malpractice claim proceeded to a jury tria... More...   $0 (03-03-2010 - WY)

Zeliha Selimoglu v. Maly Phimvongsa, et al.

The plaintiff, Zeliha Selimoglu, appeals from the judgment of the trial court, granting the motion to dismiss her second action filed by the defendants, Maly Phimvongsa and Eastern Psychological Services, LLC (Eastern). On appeal, the plaintiff claims that the court, in reaching its conclusion, improperly applied the prior pending action doctrine.1 We affirm the judgment of the trial court.
   $0 (03-02-2010 - CA)

Willie Driver v. Cardiovascular Clinical Associates, Inc.

Defendant Cardiovascular Clinical Associates, P.C., (CCA), appeals by leave granted the circuit court’s order denying its motion for summary disposition, in this case alleging medical malpractice. We reverse.

The relevant facts are not disputed. Plaintiff1 has colon cancer, which was diagnosed in November 2005. He had treated with defendant Dr. Mansoor G. Naini before his cancer diagnosis... More...
   $0 (03-02-2010 - MI)

Kathleen M. Vasa v. Compass Medical, P.C., & others

We consider the issue whether a claim that a health care provider caused injury to a third party by failing to warn a patient about the effects of medical treatment must be presented to a medical malpractice tribunal (malpractice tribunal). See G.L. c. 231, § 60B. [FN3] We affirm a Superior Court judge's ruling that such claims are subject to the medical malpractice tribunal statute.

1. Fa... More...
   $0 (03-02-2010 - MA)

Christy Aills v. Luciano Boemi, M.D.

In the case before us, petitioner Christy Aills seeks review of the decision of the Second District Court of Appeal in Aills v. Boemi, 990 So. 2d 540 (Fla. 2d DCA 2008).1 In that case, the Second District Court of Appeal reversed a judgment in favor of Aills, the patient, in a medical malpractice action against the defendant plastic surgeon, Dr. Luciano Boemi, arising out of negligence in connecti... More...   $0 (02-26-2010 - FL)

Horizon Healthcare Center v. Arthur Crowson

IHS Acquisition No. 131, Inc. d/b/a Horizon Heathcare Center at El Paso (Horizon) appeals the trial court’s denial of its motion to dismiss the medical malpractice claim underlying this appeal. Horizon brings two issues for review, complaining that the medical expert report failed to satisfy the requirements of Section 74.351 of the Texas Civil Practice and Remedies Code because: (1) the report... More...   $0 (02-24-2010 - TX)

Interstate Fire and Casualty Insurance Company v. Cleveland Wrecking Company

Interstate Fire and Casualty Insurance Company (Interstate) appeals from a judgment entered after the court sustained, without leave to amend, a demurrer to Interstate‟s amended complaint against Cleveland Wrecking Company (Cleveland). Interstate contends the court erred because: (1) its subrogation complaint, based on its insured‟s contractual indemnification claim against Cleveland, was not ... More...   $0 (02-22-2010 - CA)

Anthony L. Davis v. Wade G. Enget and Tom P. Slorby

[¶1] Anthony Davis appeals the district court's judgment dismissing his legal malpractice action against Wade Enget. We affirm, concluding Davis' failure to present expert testimony on Enget's alleged breach of duty precluded him from demonstrating a genuine issue of material fact exists.


[¶2] In 2002, Enget and Tom Slorby represented Davis in a medical malpractice action against... More...
   $0 (02-22-2010 - ND)

Abigaile LeBron v. Gottlieb Memorial Hospital

At issue in this appeal is the constitutionality of section 2–1706.5 of the Code of Civil Procedure (Code) (735 ILCS 5/2–1706.5 (West 2008)), which was adopted as part of Public Act 94–677 (Act) (see Pub. Act 94–677, §330, eff. August 25, 2005). Section 2–1706.5 sets certain caps on noneconomic damages in medical malpractice cases. Relying on this court’s decision in Best v. Taylor Ma... More...   $0 (02-22-2010 - IL)

Young Seok Suh v. Cha Hollywood Medical Center

Petitioners and plaintiffs Young Seok Suh and Yongkew Chung (plaintiffs) are anesthesiologists who were with a medical group that entered into two anesthesiology contracts with a hospital. They seek review of an order by the trial court compelling arbitration. We grant the petition, holding that plaintiffs did not agree to arbitrate disputes relating to one of the contracts and that the terms of t... More...   $0 (02-20-2010 - CA)

Terry McCann v. Foster Wheeler, LLC

This case presents a choice-of-law issue arising in a lawsuit filed by plaintiff Terry McCann (plaintiff) to recover damages for an illness, mesothelioma, allegedly caused by his exposure to asbestos. Although the complaint seeks recovery from numerous defendants, the issue before us relates solely to the potential liability of a single defendant, Foster Wheeler LLC (Foster Wheeler), a company tha... More...   $0 (02-20-2010 - CA)

Tonya Wilbourn v. Mark Cavalenes, M.D., and Rush Oak Park Hospital

Plaintiff Tonya Wilbourn, 40 years old at the time of her jury trial, filed this action to recover damages allegedly caused by the medical negligence of defendants Dr. Mark Cavalenes, a board-certified orthopedic surgeon, and Rush Oak Park Hospital, in her care and treatment for a transverse fracture to her right femur suffered as a result of a motor vehicle collision. Dr. Cavalenes transfixed pla... More...   $0 (02-19-2010 - IL)

Ofelia Reynaga v. AHMC Healthcare, Inc. d/b/a/ Greater El Monte Community Hospital, et al.

Ofelia Reynaga, the mother of Jessica Ramirez, age 22, sued AHMC Healthcare, Inc. d/b/a Greater El Monte Community Hospital and others on medical negligence theories (medical malpractice) claiming that the hospital's personnel acted below the standard of care when they failed to expeditiously transfer Jessica to another medical facility where an air-rifle pellet could be removed from her brain in ... More...   $12000000 (02-17-2010 - CA)

Richard Costantino v. Stanley Skolnick

The named plaintiff, Richard Costantino,1 appeals from the trial court’s decision2 denying his request for a declaratory judgment that the defendant Medical Professional Mutual Insurance Company doing business as ProMutual and ProSelect Insurance Company (ProMutual), the medical malpractice insurer for the named defendant, Stanley Skolnick, is required to pay the plaintiff offer of judgment inte... More...   $0 (02-16-2010 - CT)

Elise C Rodgers, individually and as Mother and Natural Guardian of Kylie Rodgers, a Minor, and Matthew J Larson vs Affiliated Community Medical Centers, PA; City of Willmar d/b/a Rice Memorial Hospital, and Dr. Gabrielle A. Vencel Olson

Elise C Rodgers, individually and as Mother and Natural Guardian of Kylie Rodgers, a Minor, and Matthew J Larson sued Affiliated Community Medical Centers, PA; City of Willmar d/b/a Rice Memorial Hospital, and Dr. Gabrielle A. Vencel Olson on medical negligence (medical malpractice) theories claiming that substandard care during the labor and delivery process in 2007 left her with multiple health ... More...   $23200000 (02-12-2010 - MN)

Margie Kaiser v. Dr. A. Doll-Pollard and Southern Obstetrics and Gynecological Associates, S.C.

This appeal involves a motion to transfer a medical malpractice action from St. Clair County to Clinton County based on improper venue. Plaintiff Margie Kaiser (the plaintiff) underwent a hysterectomy at St. Joseph's Hospital in Clinton County but was transferred to St. Elizabeth's Hospital in St. Clair County for postoperative care. The defendants, the doctor who performed the hysterectomy and he... More...   $0 (02-11-2010 - IL)

Kennth Ackerman v. OHSU Medical Group

Plaintiff was injured as the result of treatment he received while a patient at Oregon Health and Science University (OHSU). He brought this action against two of his physicians as well as OHSU and OHSU Medical Group (Medical Group), the latter two in their capacity as the physicians' employers. A jury returned a verdict in favor of one of the physicians, but found that the other, West, was negl... More...   $0 (02-10-2010 - OR)

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