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Medical Malpractice Law
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)

Shannon Jennings v. Blake Allen Badgett, M.D.

¶1 Two questions are presented for our review. The first question, one of first impression, is whether a physician-patient relationship is an indispensable element of a medical malpractice claim against a physician. The second question is whether a physician-patient relationship between the plaintiffs and the appellee doctor exists as a matter of law. We answer the first question in the affirmati... More...   $0 (02-09-2010 - OK)

William James Thayer v. Mary Adams

Plaintiff William James Thayer appeals the district court’s entry of
summary judgment in favor of Defendants Mary Adams, Kristi Flisowski and
Margie Gonzales on Thayer’s deliberate indifference claim arising under 42
U.S.C. § 1983. Thayer is an inmate in the custody of the Texas Department of
Criminal Justice (TDCJ). He alleges that defendants inflicted wanton and
unjustif... More...
   $0 (02-05-2010 - TX)

Trent Hughes v. Christopher Pham, D.O.

Trent Hughes sued Dr. Christopher Pham, a neurosurgeon, on a medical negligence (medical malpractice) theory claiming that the care that he was provided by Defendant fell below the standard of care and harmed him. Plaintiff was injured in an auto accident and was airlifted to Desert Regional Medical Center where Pham was on call. Hughes' spine was fractured. He as not seen until the day after his... More...   $16500000 (02-05-2010 - CA)

Dora Mae Jablonski v. Ford Motor Company

The plaintiffs, Dora Mae Jablonski (Dora) and John L. Jablonski, Jr., as the special administrator and personal representative of the estate of Dora's deceased husband, John L. Jablonski, Sr. (John), brought this action against Ford Motor Company (Ford), alleging strict product liability and negligence in the design of their 1993 Lincoln Town Car automobile as a result of a collision in which John... More...   $0 (02-04-2010 - IL)

Alicia Fowler v. Donald R. Samuel and The Jasper and Newton Family Clinic, P.A.

Alicia Fowler appeals the take-nothing judgment entered on the jury's verdict in a medical malpractice suit against Donald R. Samuel and The Jasper and Newton Family Clinic, P.A. In four issues, Fowler contends: (1) the jury's failure to find Samuel negligent is against the great weight and preponderance of the evidence; (2) the trial court erred in refusing to admit into evidence the report prepa... More...   $0 (02-04-2010 - TX)

Perry L. Elam v. Dhananjai Menzies, M.D.

Plaintiff, Perry Elam, sued Defendant, Dr. Dhananjai Menzies, on June 22, 2007, alleging negligence in a heart operation that Dr. Menzies performed on Elam on July 21, 2005. After removing this action to federal court under diversity jurisdiction, Dr. Menzies sought summary judgment, arguing that Kentucky’s one year statute of limitations for medical malpractice suits had run. The District Court... More...   $0 (02-04-2010 - KY)

Linda Smith v. Laureate Psychiatric Clinic and Hospital, Inc.

Linda Smith sued Laureate Psychiatric Clinic and Hospital, Inc. on a medical negligence theory (medical malpractice) claiming that Defendant failed to exercise due care in the care and treatment of her Father and, as a direct result, he was able to commit suicide while a patient at Defendant's facilities. Plaintiff claimed that Defendant's staff failed to adequately monitor her father and as a res... More...   $0 (01-27-2010 - OK)

Estate of Eva June Crowell v. Board of County Commissioners of Cleveland County, State of Oklahoma

¶1 Eva June Crowell died following an acute asthma attack that she suffered while incarcerated in the Cleveland County Jail. At the time of the attack, jail personnel had possession of Ms. Crowell's inhaler. The personal representative of her estate has alleged that the jail personnel unnecessarily delayed furnishing Ms. Crowell the inhaler after being notified of her emergency need for it. The p... More...   $0 (01-26-2010 - OK)

Erik M. Pin v. David L. Kramer

The plaintiffs, Erik M. Pin, a minor, and his mother, Carrie L. Pin,1 appeal from the judgment in favor of the defendants, David L. Kramer, an orthopedic surgeon, and Danbury Orthopedic Associates, P.C., following a jury trial on their medical malpractice claim.

On appeal, the plaintiffs claim that the court improperly (1) restricted their questioning of potential jurors during voir dire,... More...
   $0 (01-26-2010 - CT)

Alice J. Banks v. Elks Club Pride of Tennessee 1102, et al

Alice J. Banks attended a social event at an Elks Lodge in Nashville on March 24, 2006. While she was there, the chair on which she was seated collapsed, causing serious injuries to Ms. Banks’s back. Ms. Banks consulted with Dr. Robert 1 H. Boyce, a physician affiliated with Premier Orthopaedics and Sports Medicine, P.C. (“Premier Orthopaedics”), who recommended lumbar surgery at the L3-L4 a... More...   $0 (01-18-2010 - )

Brigheta Webster v. Mercy Health Center, Inc.; Phoenix Physician Services, Inc.; Mark Gl Lipe, M.D.; and Trudi Freeland, A.R.N.P.

Brigheta Webster sued Mercy Health Center, Inc.; Phoenix Physician Services, Inc.; Mark Gl Lipe, M.D.; and Trudi Freeland, A.R.N.P. on medical negligence (medical malpractice) theories. The claims made and defenses asserted are not available.... More...   $0 (01-15-2010 - OK)

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)

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