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Medical Malpractice Law
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)

Stephen Harris v. Bradley Memorial Hospital and Health Center, Inc.

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

Victoria Little v. Dr. Roger E. Schneider, Dr. Mark D. Gonze and Vascular Surgery Associates

Victoria Little sued Dr. Roger E. Schneider, Dr. Mark D. Gonze and Vascular Surgery Associates on medical malpractice theories claiming that the surgical care provided to her during a surgery on blocked arteries in 2007 fell below the standard of care and harmed her. Specifically, she claimed Defendants used an improper grafting technique that led to blood loss and various injuries, including dama... More...   $3500000 (05-15-2010 - MD)

Bruce Hills v. United Parcel Service, Inc., et al.

¶1 In this appeal we consider for the first time whether Utah should recognize a cause of action for third-party spoliation of evidence. Bruce and Judith Hills sued United Parcel Service, Inc. (“UPS”) and Liberty Mutual Fire Insurance Co. for destroying evidence related to the death of their son, Mark Hills. Mark Hills’ death is the subject of a wrongful-death suit against Skyline Electric ... More...   $0 (05-14-2010 - UT)

David Hayes, M.D., et al. v. Janet Carroll

This appeal presents issues arising from the expert report requirements of civil practice and remedies code section 74.351. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (West Supp. 2009). Appellants--all of them physicians or nurses--appealed the trial court's order denying their motions to dismiss appellee Janet Carroll's health care liability claims for failure to timely serve an expert repor... More...   $0 (05-14-2010 - TX)

Daniel Stroud, M.D. v. Jerry Grubb, individually and as representative of The Estate of Lonnie Grubb, Deceased

In this interlocutory appeal, we decide the proper deadline for filing an expert report corresponding to a defendant who is added to an existing lawsuit. Jerry Grubb, individually and as representative of the estate of Lonnie Grubb, sued Dr. Amilcar Avendano for wrongful death, negligence, and gross negligence. A year after filing the initial petition, Grubb filed an amended petition, naming Dr... More...   $0 (05-13-2010 - TX)

Janet Bridges v. St. John Medical Center, OMNI Medical Group and Trudy J. Milner, D.O.

Janet Bridges sued St. John Medical Center, OMNI Medical Group and Trudy J. Milner, D.O. on medical negligence (medical malpractice) theories.

The claims made and defenses asserted are not available.... More...
   $0 (05-11-2010 - OK)

Otis J. McDuffie v. Dr. John W. Uribe

Former Dolphins wide receiver O.J. McDuffie sued John Uribe on a medical malpractice theory claiming that Dr. Uribe acted below the standard of care when he treated him in 1999 for an injured toe and, as a direct result, McDuffie's football career ended prematurely. McDuffie claims Uribe told him he could continue to play despite tendon damage shown on MRIs. McDuffie suited up for nine games in 20... More...   $11500000 (05-08-2010 - FL)

David Hutcherson v. John W. Anderson, M.D. and Orthopedic Associates, Inc.

David Hutcherson sued John W. Anderson, M.D. and Orthopedic Associates, Inc. on medical negligence (medical malpractice) and respondeat superior theories claiming that on June 12, 2006 Anderson acted below the standard of care in providing orthopedic care to Plaintiff. Specifically, Plaintiff claimed that Dr. Anderson treated him for an on-the-job injury to his knee. He claimed that the care that... More...   $0 (05-06-2010 - OK)

Ingenix v. Susan Ham

Gerald Ham's health insurer, UnitedHealthcare, paid almost all of Ham's medical bills relating to a medical procedure that ultimately resulted in his death. After settling with the medical providers in a medical malpractice lawsuit, Ham's estate (the Estate) contended that it was only required to reimburse UnitedHealthcare a reduced amount according to the formula set out in section 768.76(4), Flo... More...   $0 (05-05-2010 - FL)

Gerald Seems v. Michael O'Brien, D.O.

Gerald Seems sued Michael O'Brien, D.O. on a medical negligence (medical malpractice) theory. Plaintiff claimed that Dr. O'Brien's care in December of 2006 when he performed surgery on him for carpal tunnel release and reapir of the median nerve on his dominate hand fell below the standard of care when he severed the nerve. Plaintiff claimed that the medical negligence of Defendant directly cause... More...   $1 (05-04-2010 - OK)

Heidi Happel v. Walmart Stores, Inc.

Heidi Happel was diagnosed with Multiple Sclerosis in 1990. After the diagnosis, she did not experience any symptoms of the disease until August 1993, when a Walmart pharmacy negligently filled—and Heidi ingested—a prescription with Toradol, a medication to which Heidi was allergic. Heidi believed that the medication, which triggered a severe reaction, was the impetus for a rapid decline in he... More...   $0 (04-28-2010 - IL)

Family and Estate of Michael B. Perrine v. Dr. John C. Agee

Family and Estate of Michael B. Perrine sued Dr. John C. Agee on a medical malpractice theory claiming that Dr. Agee acted below the standard on care in February 2003 when the failed to diagnose and treat complaints of chest pain and, as a direct result, Mr. Perrine died from a heart attack after being discharged from the emergency room where he sought treatment. Perrine had gone to the emergency ... More...   $0 (04-25-2010 - IN)

Lenton Credelle Brown v. Kindred Nursing Centers East, L.L.C., et al.

This case presents the question whether a complaint alleging medical malpractice may be amended after the expiration of the two-year statute of limitations to include an expert certification as required by North Carolina Rule of Civil Procedure 9(j) (Rule 9(j)). We have previously held that “[a]llowing a plaintiff to file a medical malpractice complaint and to then wait until after the filing to... More...   $0 (04-15-2010 - NC)

Wesley Beckles & a. v. Jennifer E. Madden, M.D. & a.

The plaintiffs, Wesley and Maggie Beckles, appeal a decision of the Superior Court (Barry, J.) granting summary judgment on their medical malpractice claims in favor of the defendants, Jennifer E. Madden, M.D., Eugene A. Lesser, D.O., Foundation Medical Partners, Foundation Neurology, and Nagbhushan S. Rao, M.D. We reverse and remand.


We recite the undisputed facts provided in ... More...
   $0 (04-09-2010 - NH)

Suzanne M. Kairon v. Bruce E. Burnham, et al.

Because the requirements for proper medical diagnosis and treatment ordinarily are not within the common knowledge of laypersons, a former patient who wishes to pursue a medical malpractice action generally must present expert testimony to the trier of fact. Dimmock v. Lawrence & Memorial Hospital, Inc., 286 Conn. 789, 813, 945 A.2d 955 (2008). To be admissible, such testimony must comply with the... More...   $0 (04-08-2010 - CT)

Family and Estate of Thomas Murphy v. St. Joseph Medical Center and Dr. Richard Tempel

The Family and Estate of Thomas Murphy, age 59, sued St. Joseph Medical Center and Dr. Richard Tempel on a medical malpractice wrongful death theory claiming that Defendants provided substandard care to him and, as a direct result, he died from sepsis on June 111, 2007. Mr. Murphy was admitted and underwent a diagnostic process that included X-rays and a CT scan before having a coronary stent impl... More...   $1440000 (04-03-2010 - MD)

Steven Philip Kloeris, M.D. and Rajeswari Thisgara Rajan, M.D. v. Charles and Jamie Stockdale

Charles (Chuck) and Jamie Stockdale, individually and as representatives of the estate of Charles Stockdale III, and James and Toren Dukes, as legal guardians of Allyson and Charles Stockdale IV (collectively, the Stockdales), sued Dr. Steven Kloeris and Dr. Rajeswari Rajan for medical malpractice arising out of Charles’s death from a prescription drug overdose. The trial court overruled Dr. Kl... More...   $0 (04-01-2010 - TX)

Kathleen Reger v. The Nemours Foundation, Inc., William I. Norwood, M.D. Ph.D.; Christian Pizarro, M.D.

We consolidated these appeals to decide questions raised by the District Court’s application of Federal Rule of Civil Procedure 54. Both appeals arise from medical malpractice lawsuits filed against the Nemours Foundation and its physicians. Appellants have suffered the utmost of tragedies:

the death of a child – the Regers, an infant son and the Workmans, a two-year old daughter. The... More...
   $0 (04-01-2010 - PA)

Family and Estate of Antwoine Key v. Dr. Dorina R. Abdulah

The Family and Estate of Antwoine Key sued Dr. Dorina R. Abdulah on a medical negligence (medical malpractice) theory claiming that Dr. Abdulah acted below the standard of care when she performed a physical examination of Key in 2001 and, as a direct result, Key died during a basketball game from hypertrophic cardiomyopathy, a heart condition that often affects athletes. Plaintiffs claimed that A... More...   $1600000 (03-27-2010 - MA)

Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, et al.

This case requires us to assess the constitutionality of OCGA § 51-13-1, which limits awards of noneconomic damages in medical malpractice cases to a predetermined amount. The trial court held that the statute violates the Georgia Constitution by encroaching on the right to a jury trial, the governmental separation of powers, and the right to equal protection. Based on our review of the record an... More...   $0 (03-26-2010 - GA)

Amanda Cossaboon v. Maine Medical Center

Plaintiff Amanda Cossaboon, individually and as mother and next friend of E.C., appeals from the district court's dismissal of her medical malpractice action against defendant Maine Medical Center (MMC) for lack of personal jurisdiction. Cossaboon contends that MMC purposefully established sufficient contacts with New Hampshire to permit the exercise of general personal jurisdiction in New Hampshi... More...   $0 (03-25-2010 - NH)

Catherine Kennedy Carchid v. Michelle A. Iavicoli, M.D.

We granted defendant, Cooper Health Systems (Cooper), leave to appeal two interlocutory orders in this medical malpractice case that (1) precluded Cooper from utilizing two particular physicians as causation experts, and (2) precluded one of those physicians from examining plaintiff. The two physicians never treated plaintiff but were members of the physician group that has regularly treated plain... More...   $0 (03-24-2010 - NJ)

Robert Wiliam Jefferson v. University of Texas Medical Branch Hospital at Galveston

Appellant, Robert William Jefferson, is an inmate at the Darrington Unit of the Texas Department of Corrections in Rosharon, Texas. In this appeal, Jefferson contests the district court’s dismissal of his lawsuit against the University of Texas Medical Branch Hospital at Galveston (“UTMB”), Eduardo Orihuela, M.D., William Alex Elfarr, M.D., Joanna Lucja Borkowski, M.D., and Alexander Brian ... More...   $0 (03-22-2010 - )

Fluke Corporation v. Gary Lemaster

We accepted discretionary review in this products liability case to resolve whether the Court of Appeals properly adopted foreign authority and correctly held that equitable estoppel barred the product manufacturer's statute of limitations defense because the manufacturer allegedly concealed product defects from government regulatory agencies. We also address whether the holding of the Court of Ap... More...   $0 (03-18-2010 - KY)

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