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Medical Malpractice Law
 
Jessica Lauren Wicky v. Crisanto G. Oxonian

In December 2006, Jessica Wicky passed out while driving, and her car collided with another vehicle. The other driver, Maria Oxonian, was killed. During the police investigation of the accident, Ms. Wicky either impliedly or actually consented to giving a sample of her blood to be analyzed for alcohol content and the presence of controlled or chemical substances. See §§ 316.1932-.1933, Fla. Stat... More...   $0 (08-07-2009 - FL)

Irene Spaetzel and David Spaetzel v. Bruce Dillon, Daniel Douglas, Surgical Consultants of Du Page, Ltd., and Frederick Tolin

Plaintiffs Irene and David Spaetzel filed a medical malpractice action against Bruce Dillon, Daniel Douglas, Frederick Tolin, and Surgical Consultants of DuPage, Ltd. (defendants), who had performed surgery on Irene to repair a paraesophageal hernia. Plaintiffs claimed that defendants were negligent in failing to timely order an esophogram during postoperative hospitalization and that such delay r... More...   $0 (08-07-2009 - IL)

Steve Francis Zamora v. Tyshae Price

In this appeal, we consider the constitutionality of NRS 38.259(2), which requires that, when a party requests a new trial at the conclusion of mandatory nonbinding arbitration proceedings in a short trial matter, the arbitrator’s findings must be admitted during the new trial. Specifically, we address whether the admission of this arbitration award deprives a party of the constitutional right ... More...   $0 (08-06-2009 - NV)

Ulysses L. Rosemond v. Maha Khalifa Al-Lahiq, M.D.

This appeal arises from the trial court=s granting of a physician=s motion to dismiss health-care liability claims. The physician moved to dismiss the claims, alleging that the plaintiff=s medical expert report was insufficient and not timely served under section 74.351 of the Texas Civil Practice and Remedies Code. We affirm.

I. Factual and Procedural Background

Appellant Uly... More...
   $0 (08-04-2009 - TX)

Marta Valdovinos v. Tadanori Tomita, M.D.

The plaintiff, Marta Valdovinos, as parent, guardian, and next friend of Daniel Valdovinos ("Daniel"), appeals from an order of the circuit court dismissing both counts of her fifth amended complaint against the defendants, Dr. Tadanori Tomita and Children's Memorial Hospital ("Children's Memorial"). For the reasons which follow, we reverse the judgment of the circuit court and remand for further ... More...   $0 (08-04-2009 - IL)

Brian Potter v. Ricahrd C. McLeary, M.D., et al.

This case raises the issue whether a professional corporation (PC) must be provided an NOI before the commencement of the medical malpractice action. It also raises the issue of what statements must be set forth in an NOI to satisfy the requirements of MCL 691.2912b(4) when a claim being made against the PC is based solely on a PC’s vicarious liability for its physician.

We hold, on the b... More...
   $0 (07-31-2009 - MI)

Wendy Amaya v. Andres S. Enriquez, M.D., Individually and d/b/a Franklin Medical Center

Wendy Amaya appeals from an order dismissing her medical malpractice claim against Andres S. Enriquez, M.D., individually and d/b/a Franklin Medical Center. At issue is the timeliness of the defendants' objection to the plaintiff's expert reports. For the reasons that follow, we reverse and remand.

FACTUAL SUMMARY

On January 3, 2006, Wendy Amaya filed a medical malpractice suit ... More...
   $0 (07-31-2009 - TX)

Gary B. Ferguson v. Williams & Hunt, Inc., Elliott J. Williams; George A. Hunt; and Kurt Frankenburg

¶1 Appellant Gary Ferguson appeals the orders of the trial court that dismissed his claims against his former law firm, Williams & Hunt, and former colleagues Elliot Williams, George Hunt, and Kurt Frankenburg (collectively, Defendants). Specifically, Mr. Ferguson asks that we reverse the directed verdict in favor of Defendants on claims of defamation and intentional interference with prospective... More...   $0 (07-31-2009 - UT)

Casey Pellicer, et al. v. St. Barnabas Hospital, et al.

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-30-2009 - NJ)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA v.WUERTH ET AL.

{¶ 1} The United States Court of Appeals for the Sixth Circuit has certified one question of state law for our resolution: “Under Ohio law, can a legal malpractice claim be maintained directly against a law firm when all of the relevant principals and employees have either been dismissed from the lawsuit or were never sued in the first instance?”

{¶ 2} We answer the certified question... More...
   $0 (07-29-2009 - OH)

Gary L. Bush, Sr. v. Behrooz-Bruce Shabahang, M.D., et al.

At issue before this Court is the proper interpretation of MCL 600.5856(c), as amended by 2004 PA 87, effective April 22, 2004. We have been asked to consider whether a defect in a timely mailed notice of intent (NOI), provided to a medical malpractice defendant pursuant to MCL 600.2912b, precludes the tolling of the statute of limitations on a plaintiff’s medical malpractice claim. We also cons... More...   $0 (07-29-2009 - MI)

Stephanie M. Philipp, P.A.; Robert A. Frolichstein, M.D.; Methodist Healthcare System of San Antonio, LTD., L.L.P., d/b/a Southwest Texas Methodist Hospital v. Jennifer Lynn McCreedy

This interlocutory appeal arises from a medical negligence case. The defendant health care providers challenge the trial court's denial of motions to dismiss under Chapter 74 of the Texas Civil Practice and Remedies Code, which provides that parties pursuing medical negligence claims must file a preliminary expert report outlining the breach of duty and resulting damages that give rise to the clai... More...   $0 (07-29-2009 - TX)

Dylan McQuitty, a minor, et al. v. Donald Spangler, et al.

In this case we explore the boundaries of the doctrine of informed consent in the context of a healthcare provider’s treatment of a patient. Petitioner, Peggy McQuitty, mother of Dylan McQuitty, who was born on May 8, 1995 with severe cerebral palsy, sued Dr. Donald Spangler in the Circuit Court for Baltimore County. In addition to alleging medical malpractice, Ms. McQuitty alleged that he breac... More...   $0 (07-24-2009 - MD)

Casey Pellicer, et al. v. St. Barnabas Hospital and Sam Edelman, M.D., et al.

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-24-2009 - NJ)

Courtney Hill v. Ob/Gyn Specialists PC and Dr. Claudia L. Moise

Courtney Hill and her husband sued Ob/Gyn Specialists, P.C. and Dr. Claudia L. Moise on a medical negligence (medical malpractice) theory claiming that Dr. Moise failed to diagnose and treat her breast cancer in a timely fashion and, as a direct result, the cancer moved to her liver.

Defendants denied wrongdoing.... More...
   $23600000 (07-17-2009 - )

James Ykimoff v. W.A. Foote Memorial Hospital, et al.

Defendant, W. A. Foote Memorial Hospital (“Hospital”) appeals as of right a judgment in favor of plaintiff, James Ykimoff, following the trial court’s denial of its motion for new trial or for judgment notwithstanding the verdict (“JNOV”) in this medical malpractice action. Plaintiff cross appeals the trial court’s order granting partial summary disposition resulting in the dismissal o... More...   $0 (07-16-2009 - MI)

Harold J. Cramer v. Charles Smoot and Rhonda Rice

Harold J. Cramer appeals the trial court's judgment dismissing his amended petition pursuant to Rule 55.27(a)(6),1 for failure to state a claim upon which relief can be granted. Cramer asserts that his amended petition stated claims against Charles Smoot and Rhonda Rice for "money had and received." Finding that the trial court's judgment does not constitute a final judgment for purposes of appeal... More...   $0 (07-16-2009 - MO)

John German v. Methodist Hospital, et al.

Houston, TX–John German, a 32 year-old ex-mechanic from Houston, received a $10 million medical malpractice jury verdict in a lawsuit filed by Texas medical malpractice lawyers, representing the injured patient, as reported by the Houston Chronicle on Wednesday, July 1, 2009. The jury’s ruling took place in Harris County, Texas court room. The lawsuit was filed against several defendants inclu... More...   $10000000 (07-16-2009 - TX)

Adriana Lee v. Detroit Medical Center and Children's Hospital, et al.

Plaintiff, Adriana Lee, as Personal Representative of the Estate of Rufus Young, Jr., appeals as of right the trial court’s November 13, 2007 order granting defendants Detroit Medical Center (DMC), Children’s Hospital, Dr. Ahm Mahbobul Huq, Dr. Jayshree Rao, and Dr. Vince Truong summary disposition and dismissing plaintiff’s statutory liability claims against them without prejudice. Defendan... More...   $0 (07-14-2009 - MI)

East Texas Medical Center Regional Healthcare System v. Lexington Insurance Company

East Texas Medical Center sued its insurer, Lexington Insurance Company, for failure to cover a claim filed against it by a patient. A jury found for the Medical Center. The district court then granted Lexington a judgment as a matter of law. The Medical Center appeals. For reasons we will explain, we VACATE and REMAND for additional proceedings.

I. FACTS

This case concerns Lexington... More...
   $0 (07-10-2009 - TX)

George Brown, Jr. v. MO Delta Medical Center

George Brown, Jr. (“Appellant”), who appears pro se, appeals the trial court’s judgment denying his “Motion for Reconsideration” which was filed in connection with a wrongful death cause of action brought by Appellant in relation to the death of his son, which occurred at MO Delta Medical Center (“Respondent”). Appellant asserts three points of trial court error.

The record re... More...
   $0 (07-07-2009 - MO)

Thomas Freed, et al. v. D.R.D Service, Inc.

On June 22, 2006, Connor Freed (“Connor”), who was five, was taken by Paul Carroll, an adult family friend, to the swimming pool at the Crofton Country Club, in Crofton, Maryland. At approximately 4:30 that afternoon, Connor drowned in the Country Club’s swimming pool. The pool was managed at the time of the drowning by D.R.D. Pool Service, Inc. (“the pool company”), appellee.

Les... More...
   $0 (07-06-2009 - MD)

Gloria A. Rice, et al. v. University of Maryland Medical System Corporation

In Walzer v. Osborne, 395 Md. 563, 585 (2006), the Court of Appeals held: “Because [the claimant had] failed to attach the expert report to the certificate of qualified expert in a timely manner, the trial court was required to dismiss [the] medical malpractice claim.” When the Walzer decision was announced, the appellants in the present appeal were in the midst of pursuing claims based upon a... More...   $0 (07-06-2009 - MD)

Mary Louise Roser v. Richard Aizpuru, Elmer L. Kruger, Gretchen A. Moen, St. Paul Radiology, P.A., d/b/a Vein Center of Saint Paul Radiology and d/b/a Midwest Vein Clinic

Mary Roser, the mother of Mita Smith, sued Dr. Richard Aizpuru, Elmer L. Kruger, Gretchen A. Moen and St. Paul Radiology, P.A. on a medical negligence theory (medical malpractice) claiming that Ms. Smith's heart was damaged by a combination of local anesthetics and sedatives in excessive amounts caused her death. Plaintiff claimed that her daughter, age 23, had been in good health before undergoi... More...   $220000 (07-03-2009 - MN)

Alvin Parker v. Albina Gosmanova, M.D.; OU Medical Center; Jesus Medina, M.D.

In this civil rights action brought pursuant to 42 U.S.C. § 1983, plaintiff-appellant Alvin Parker, an Oklahoma prisoner proceeding pro se, appeals the district court’s orders granting summary judgment in favor of defendants-appellees Oklahoma University Medical Center (Medical Center), Albina Gosmanova, M.D., and Jesus Medina, M.D., on his claim that defendants provided deficient medical care ... More...   $0 (07-02-2009 - OK)

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