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Medical Malpractice Law
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)

John H. Bayird v. William Floyd; Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc; Beverly Enterprises-Arkansas, Inc. d/b/a Beverly Healthcare-Monticello; XL Insurance, Inc. and XL Insurance (Bermuda) Ltd.

Appellant John H. Bayird, as administrator for the estate of his deceased mother, Mamie Elliott, appeals the order of the Drew County Circuit Court granting the motion of Appellee William Floyd to dismiss the complaint against him for failure to state facts upon which relief could be granted. Because the circuit court considered “other pleadings and exhibits” that Appellant had not included in... More...   $0 (10-06-2009 - AR)

Jacob and Cynthia Kroll v. Dr. Sedigheh Zolfaghari and Dr. Jose Colindres, Coral Springs Medical Center.

Jacob and Cynthia Kroll, the parents of Haylee Kroll sued. Dr. Sedigheh Zolfaghari and Dr. Jose Colindres, Coral Springs Medical Center on medical negligence theories (medical malpractice) claiming that defendants failed to diagnose and treat the enterovirus after her birth in 1994 and, as a direct result, Haylee suffered brain damage and lifelong disabilities.

The defenses asserted by De... More...
   $4300000 (10-06-2009 - FL)

James Kerns v. Wesley Rehabilitation Hospital

James Kerns, age 75, sued Wesley Rehabilitation Hospital on a medical negligence (medical malpractice) theory claiming that a nurse employed by the hospital dropped a bandage while changing it. She picked it up off the floor and re-placed it on Kern's wound. Kerns developed an E. coli infection after the incident.

Defendant denied that the nurse's act of picking up the bandage and placed it... More...
   $430000 (10-03-2009 - KS)

Family and Estate of Gustavo Espinal-Santos Belin v. Belin Family Medical Center and Dr. Peri Aldrich

Family and Estate of Gustavo Espinal-Santos sued Belin Family Medical Center on a medical negligence (medical malpractice) theory for the wrongful death of Mr. Espinal-Santos who died on January 1, 2004 from blastomycosis. When he presented at Defendant's clinic on two ocassions, he was twice diagnosed as having pneumonia.

Plaintiffs claimed that Defendant's employees negligently failed... More...
   $3700000 (10-03-2009 - )

Litzi Nicholson v. Mary Shinn, M.D.

This is a summary judgment case that arises under the notice provision of the Medical Liability and Improvement Act, Tex. Civ. Prac. & Rem. Code § 74.051 (Vernon 2005) (MLIA). Appellant, Litzi Nicholson, brings this appeal to challenge a traditional summary judgment rendered in favor of appellee, Mary Shinn, M.D. on Nicholson's medical malpractice claim. In two issues, Nicholson contends that (1... More...   $0 (10-01-2009 - TX)

Elisha Hunter v. Hetal A. Min, M.D., et al.

Elisha Hunter filed this action on her own behalf and as personal representative of the estate of her deceased brother, Stanley Bell, against numerous defendants whom she alleged were liable for Bell’s death in the St. Clair County, Illinois, jail. The district court granted summary judgment in favor of all of the defendants on all of Hunter’s claims; Hunter now appeals portions of that ruling... More...   $0 (10-01-2009 - IL)

Beverly Enterprises, Inc. v. Valerie Keaton

Appellants Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc., and Beverly Enterprises Arkansas, Inc., d/b/a Beverly Healthcare-Camden, appeal a judgment of the Ouachita County Circuit Court awarding Appellee Valerie Keaton, Individually and as Administratrix of the estate of Herman Johnson, Deceased, compensatory damages for negligence and punitive damages. Appellants all... More...   $0 (09-24-2009 - AR)

Mary Williams v. Miami-Dade County Public Health Trust d/b/a Jackson Memorial Hospital, et al.

Mary Williams appeals from an order granting the defendants’, Miami-Dade County Public Health Trust d/b/a Jackson Memorial Hospital, The University of Miami, Luke Yeung, M.D., and Manuel Arce, M.D., motion to dismiss her complaint for fraud upon the court. We affirm.

The trial court dismissed Williams’ medical malpractice action in its entirety because, during the discovery process, W... More...
   $0 (09-24-2009 - )

Kimme Putnam v. Wenatchee Valley Medical Center, P.S.

Appellant Kimme Putman sued respondents for negligently failing

to diagnose her ovarian cancer. The trial judge dismissed her lawsuit because she

failed to file a certificate of merit from a medical expert, as required for medical

malpractice lawsuits under RCW 7.70.150. Putman challenges the constitutionality of

the certificate of merit requirement on a number o... More...
   $0 (09-17-2009 - WA)

Thomas E. Abbey, D.O. v. Gertrude Patrick and Lionel Gatien, D.O.

Dr. Thomas Abbey petitions this court for a writ of certiorari to review an order by the trial court denying his motion for summary judgment. He contends that the motion should have been granted because the statute of limitations expired before the plaintiff filed suit against him for medical negligence. We conclude that the alleged error in computing the time for filing a lawsuit did not deprive ... More...   $0 (09-14-2009 - FL)

Orville Losier, et ux. v. Shivarajpur K. Ravi, M.D. and Ambika Medical Group, P.A.

Appellants Orville and Joelle Losier appeal a unanimous jury verdict in favor of appellees Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A., on the Losiers= medical-malpractice claims. The Losiers contend that the trial court erred by refusing a res ipsa loquitur jury instruction and by denying a motion for new trial based on juror misconduct. We affirm.


After an aut... More...
   $0 (09-10-2009 - TX)

Randy L. White and Tammy Sue White v. Mazoor Tariq, M.D.

Husband and wife, Randy L. White and Tammie Sue White (“Plaintiffs”), appeal from the judgment of the Circuit Court of Jefferson County dismissing their medical malpractice action against Dr. Manzoor Tariq (“Defendant”). The trial court dismissed Plaintiffs’ action without prejudice on the grounds that Plaintiffs failed to timely file a health care affidavit as required by Section 538.22... More...   $0 (09-08-2009 - MO)

Wanda Mae Smith v. James J. Pavlovich, M.D.

This is a medical malpractice action brought by the plaintiff, Wanda Mae Smith, individually and as the special administrator of the estate of her deceased daughter, Crystal Smith, against a licensed advanced practice nurse, Patricia G. Dillard, R.N., and two doctors, James J. Pavlovich, M.D., and Kathryn A. Churling, M.D., all of whom practiced at the Carbondale Clinic.1 Crystal was born December... More...   $0 (09-08-2009 - IL)

John Matthews v. Janet Aganad, Gottlieve Memorial Hospital, and Donna Hanlon

In this medical malpractice action, we consider whether plaintiffs’ reliance on the “lost chance” doctrine sufficed to establish a causal link between defendants’ purported breach of duty and plaintiffs’ subsequent harm. Plaintiffs brought claims for malpractice and loss of consortium against defendant doctors Janet Aganad and Donna Hanlon, and against Gottlieb Memorial Hospital for vica... More...   $0 (09-04-2009 - IL)

Jerilyn Kardos v. Scott Harrison, D.O.

The plaintiff-appellant, Jerilyn Kardos, individually and as executrix of the estate of Rae H. Quinn (the “Decedent”), appeals from the Superior Court’s grant of judgment as a matter of law in favor of the defendantappellee, Scott Harrison, D.O. The basis for the Superior Court’s decision was the failure of the plaintiff to prove causation. Kardos contends that the Superior Court committed... More...   $0 (09-04-2009 - DE)

Alphonso McDougle v. Michael J. Schwartz, M.D. and OKC Pain Center

Alphonso McDougle sued Michael J. Schwartz, M.D. and OKC Pain Center on a medical negligence (medical malpractice) theory. The claims made and defenses asserted are not available.... More...   $0 (09-02-2009 - ok)

Christopher Torretti v. Main Line Hospital

This is our first opportunity to confront the Emergency Medical Treatment and Active Labor Act (“EMTALA” or the “Act”). 42 U.S.C. § 1395dd, et seq. Among other things, the Act forbids hospitals from refusing to treat individuals with emergency conditions, a practice often referred to as “patient dumping.”

Appellants Christopher and Honey Torretti’s son, Christopher, was bor... More...
   $0 (09-02-2009 - PA)

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