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Medical Malpractice Law
 
Life Forms, Inc. v. The Woodlands Operating Company, L.P. and The Woodlands Land Development Company, L.P.

In this appeal, we must determine whether the defendants conclusively established their limitations defense. The appellant contends the trial court erred: (1) in entering summary judgment in the face of unrefuted evidence of fraudulent concealment; (2) in determining that the appellant's fraud claims accrued more than four years before the suit was filed; and (3) in failing to grant a continuance ... More...   $0 (01-14-2010 - TX)

Norman A. Lockshin, M.D., P.A. v. Barbara S. Semsker

The Circuit Court for Montgomery County held in this litigation, among other things, that the plain meaning of Md. Code, Courts & Judicial Proceedings Article1 § 3-2A-09(a) (1974, 2006 Repl. Vol.), which states that the monetary cap on non-economic damages for health care malpractice claims appearing in § 3-2A-09(b) applies “to an award under § 3-2A- 05 of this subtitle or a verdict under § ... More...   $0 (01-13-2010 - MD)

Clinton Dean Lovell v. Sarah Bush Lincoln Health Center

In June 2005, plaintiff, Clinton Dean Lovell, sued defendant, Sarah Bush Lincoln Health Center (Health Center), for medical malpractice, claiming that the Health Center's negligence following his August 2003 surgery caused him severe and permanent injury. Following a September 2008 trial, a jury returned a verdict in Lovell's favor and awarded him $2,378,258. The Health Center appeals, arguing tha... More...   $0 (01-12-2010 - IL)

Eric Canonico v. Jackie Callaway

Eric Canonico appeals an order dismissing, with prejudice, his defamation lawsuit against various media defendants. The trial court dismissed the lawsuit because Mr. Canonico filed his claim prematurely, before satisfying a presuit notice requirement. See § 770.02, Fla. Stat. (2005). His lawsuit was thereafter barred by the applicable statute of limitations. See § 95.11(4)(g), Fla. Stat. (2003).... More...   $0 (01-06-2010 - FL)

Thomas Martinez v. Sarmed Elisa, M.D. and Bone and Joint Center

The plaintiff, Thomas Martinez, filed a medical malpractice case against the defendants, Samuel Elias, M.D. and the Bone & Joint Center, alleging that Dr. Elias performed unnecessary procedures on the plaintiff's lower spine. Following trial, the jury returned a verdict in favor of the plaintiff and against the defendants in the amount of $500,000. The trial court granted the defendants' posttrial... More...   $400000 (01-06-2010 - IL)

Tanya Nicole Kach v. Thomas Hose

This case arises from a highly unusual and extremely disturbing set of circumstances. In September 1995, Tanya Nicole Kach was a fourteen-year-old student when she befriended, and later became intimate with, Thomas Hose, a security guard at her middle school. Several months later, Kach ran away from home and spent the next approximately ten years living clandestinely with Hose. In March 2006, when... More...   $0 (01-01-2010 - pa)

Lisa Burke v. Gregorio Lauz, M.D.

Durelle Burke died as a result of complications from a ventricular peritoneal shunt malfunction that prevented the drainage of excess fluid from his brain. Lisa Burke, Durelle‟s mother, brought this medical malpractice action individually, and as administrator of Durelle‟s estate (collectively “Burke”), against Dr. Gregorio Lauz and Medical Associates of Clinton, Iowa, where Dr. Lauz pract... More...   $2500000 (12-30-2009 - IA)

E.D.B. v. Gearald Clair and Centre Community Hospital

The issue presented in this case is whether the Pennsylvania Department of Public Welfare (hereinafter “DPW”) can obtain reimbursement from a tortfeasor for Medicaid expenditures made on behalf of a disabled minor when a claim therefor by the minor’s parents is barred by the statute of limitations. We conclude that DPW can obtain such reimbursement, and accordingly reverse the decision of th... More...   $0 (12-29-2009 - PA)

Floree Hooper v. Ebenezer Senior Services and Rehabilitation Center

Floree Hooper (“Hooper”), acting as Personal Representative of the Estate of Albert L. Clinton, brought this action alleging claims for wrongful death and survival against Ebenezer Senior Services and Rehabilitation Center (“Ebenezer”). The trial court granted summary judgment in favor of Ebenezer, finding the claims were untimely asserted. The South Carolina Court of Appeals affirmed. ... More...   $0 (12-24-2009 - SC)

Lisa Yarick v. Pacificare of California

This is an appeal from judgment entered after the court sustained without leave to amend a demurrer to the fourth amended complaint filed by plaintiff and appellant Lisa Yarick, administrator of the estate of Joseph Yarick. The court ruled that claims against defendant and respondent PacifiCare of California (hereafter respondent), one of several defendants below, were “preempted in [their] enti... More...   $0 (12-12-2009 - CA)

Buddy Hackney v. Mark Swofford, M.D.

Buddy and Geneva Hackney sued Mark Swofford, M.D. on a medical negligence (medical malpractice) theory claiming that he acted below the standard of care when he performed surgery on Mr. Hackney in defendant's office and the follow up care provided. Mr. Hackney claimed that he suffered permanent personal injuries from the procedure.... More...   $4617612 (12-10-2009 - KY)

Ruben Lopez v. Daimler Chrysler Corporation

At age seven, plaintiff Ruben Lopez suffered permanent brain damage in a rear-end freeway accident. Lopez filed suit against several car manufacturers that produced the car Lopez rode in at the time of the accident. Lopez settled his suit for $2 million.

Between the accident and the subsequent settlement, defendant California Department of Health Care Services (Department) paid for Lopez‟... More...
   $0 (12-09-2009 - CA)

Ruben Lopez v. Daimler Chrysler Corporation and Department of Health Care Services

At age seven, plaintiff Ruben Lopez suffered permanent brain damage in a rear-end freeway accident. Lopez filed suit against several car manufacturers that produced the car Lopez rode in at the time of the accident. Lopez settled his suit for $2 million.

Between the accident and the subsequent settlement, defendant California Department of Health Care Services (Department) paid for Lopez‟... More...
   $0 (12-04-2009 - CA)

Joan P. Whitaker v. The Frankford Hospital of the City of Philadelphia d/b/a Frankford Hospital

¶ 1 Appellants, Diagnostic Imaging, Inc. and its agent Dr. Robert T. Smith, appeal from the judgment entered on a jury verdict in this medical malpractice action. The verdict was entered in favor of the plaintiffs, Appellees Joan P. Whitaker and Barbara V. Leezer, in their capacity as guardians ad litem for Caroline Monaghan. The jury determined that Dr. Smith and Dr. Harold J. Gauthier, who had ... More...   $5200000 (11-27-2009 - PA)

Antonio Salinas, Jr. v. John W. Kristensen, M.D.

This is an appeal from a take-nothing judgment entered in favor of appellee, John W. Kristensen, M.D. By five issues, appellants, Antonio Salinas, Jr. and San Juana Salinas, individually and as personal representatives of the estate of their daughter, Tiffany Salinas, contend (1) the trial court erred in granting judgment for Dr. Kristensen because the doctrine of parental immunity applied, and (2... More...   $0 (11-25-2009 - TX)

Max C. Maloney v. Valley Medical Facilities, Inc.

Appellee commenced the present medical malpractice action grounded on an asserted failure to timely diagnose and treat osteosarcoma in his wife, Linda Maloney. He alleged, among other things, medical negligence on the part of Appellant Maurice Prendergast, M.D. (an internist) and Richard E. Brennan, M.D. (a radiologist), as well as vicarious liability on the part of institutional defendants associ... More...   $0 (11-25-2009 - PA)

Michael Wachocki v. Bernalillo County Sheriff's Department

{1} The Bernalillo County Sheriff’s Department (BCSD) appeals the judgment of the district court holding it thirty percent liable for the wrongful death of Jason Wachocki. BCSD argues (1) that several of the district court’s factual findings were not supported by substantial evidence; (2) that the district court erred in finding that Jason Wachocki had no comparative fault in causing his death... More...   $0 (11-24-2009 - NM)

Bernard Buecker, Administrator of the Estate of Christine Wesner Standifer v. Joseph C. Roell, et al.

By various sub-issues, appellant Bernard Buecker contends the trial court abused its discretion in imposing sanctions against him and in favor of appellee, Joseph C. Roell. Because we conclude the trial court abused its discretion in imposing the sanctions, we reverse the sanctions orders.

Background (1)

Buecker is an attorney, and Roell is a former physician. (2) On March 2, 2000, R... More...
   $0 (11-24-2009 - TX)

Shamberg, Johnson & Bergman, Chartered v. Michael P. Oliver and Wallace, Saunders, Austin, Brown, Enoches, Chartered

Michael P. Oliver appeals the district court's grant of summary judgment in favor of his former law firm, Wallace, Saunders, Austin, Brown & Enochs, Chartered (Wallace Saunders), in this dispute over a referral fee in a medical malpractice action. Shamberg, Johnson & Bergman, Chartered (Shamberg), the firm that had agreed to pay a contingent referral fee and that subsequently obtained a settlement... More...   $0 (11-24-2009 - ks)

James Moffett v. Life Care Centers of America d/b/a Briarwood Health Care Center

We granted certiorari in Moffett v. Life Care Centers of America, 187 P.3d 1140 (Colo. App. 2007), to determine whether a person possessing a power of attorney ("POA") may lawfully sign an arbitration agreement on behalf of an incapacitated patient under the arbitration provision of the Health Care Availability Act ("the HCAA"), section 13-64-403, C.R.S. (2009).1 A person holding a POA is also cal... More...   $0 (11-24-2009 - CO)

Sandra A. Rhoades v. Ahmed Amayem, M.D. and Mercy Health Center, Inc.

Sandra A. Rhoades and Timothy Rhoades sued Doctor Ahmed Amayem, M.D. and Mercy Health Center, Inc. on medical negligence (medical malpractice) theories.

The claims made and defense asserted are not available.... More...
   $0 (11-20-2009 - OK)

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)

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