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Medical Malpractice Law
 
Rudy E. Davis, Jr. v. Ziana Liese, M.D.

Rudy E. Davis, Jr. appeals the district court’s determination that his medical malpractice claims against Ziana Liese, M.D., are barred by the statute of limitations because Dr. Liese was not timely served with process. Because Mr. Davis never received or filed an executed waiver of service and did not formally serve Dr. Liese before the statutory deadline, we affirm.1

Background

T... More...
   $0 (11-06-2009 - KS)

Debra A. Hutchins, M.D., et al. v. Rita Talbert

In this appeal we consider whether an order denying a motion to set aside the verdict is a final judgment for purposes of appeal when the trial judge has rendered final judgment in a separate, previously entered order, which is not vacated, suspended, or modified by the order ruling upon the motion to set aside the verdict.

Rita S. Talbert filed a complaint against Debra A. Hutchins, M.D. a... More...
   $0 (11-05-2009 - VA)

Jeremy Antley v. Dr. Faye Armstrong-Papp and Northwest Medical Center

Jeremy Antley sued Dr. Faye Armstrong-Papp on a medical negligence (medical malpractice) theory claiming that Defendant acted below the standard of care in providing post-operative case to him after his appendix burst during an appendectomy performed tat Northwest Arkansas Medical Center on August 19, 2007. Plaintiff presented at the hospital in pain and was correctly diagnosed as having an infla... More...   $0 (11-05-2009 - AR)

John McGlothlin, Personal Representative of the Estate of Gary Dayne McGlothlin v. Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C.

John McGlothlin, the Personal Representative of the Estate of Gary Dayne McGlothlin, deceased sued Sheila J. Stanek, D.O. and Urgent Care Of Green Country, P.L.L.C. on a medical negligence (medical malpractice) theory. The claims made and defenses asserted are not available.... More...   $0 (11-01-2009 - OK)

Family and Estate of Wendy Leigh Jackson v. Wyndal K. Blankenship, Barry Riggs and Saad Rahman

The Family and Estate of Wendy Leigh Jackson sued Wyndal K. Blankenship, Barry Riggs and Saad Rahman on medical negligence (medical malpractice) theories claiming that the defendant doctors failed to exercise due care when they did not address the internal bleeding that occurred post partum at Fort Walton Beach Medical Center in June 2003. Ms. Jackson died about 16 hours after giving birth to a so... More...   $4000000 (10-27-2009 - FL)

Vaughn Schmechel v. Clinton Dille, M.D., et al.

This is an appeal from a district court‟s decision denying a new trial after it entered judgments on a jury verdict finding that Dr. Clinton DillĂ©, M.D., and Mr. Thomas Byrne, P.A., were not negligent in their medical treatment of Rosalie Schmechel, who died shortly after coming under their care at the Southern Idaho Pain Institute (SIPI) in 2003. Mrs. Schmechel‟s surviving spouse and childre... More...   $0 (10-26-2009 - ID)

Cristina Chalita-Cisneros, individually and as administrator of the Estate of Christian Chalita v. IMG Academies, Dr. Joseph Soler, Carol Tomlinson

The family and estate of Christian Chalita sued IMG Academies, Dr. Joseph Soler and Carol Tomlinson on negligence and medical malpractice theories for the wrongful death of Christian, age 16. Dr. Soler and Nurse Tomlinson examined Christian at the beginning of the school year at IMG Academies in 2003 and 2004 but failed to detect that he had an irregularly shaped heart that resulted in a heart at... More...   $1500000 (10-23-2009 - FL)

Sally Clawson v. Dr. Lawrence Rothstein, et al.

Sally Clawson's son Michael sued Dr. Lawrence Rothstein, Dr. Cara Powers, Riverview Health Institute, and a nurse on medical negligence theories (medical malpractice) claiming that substandard care provided to her directed caused her to suffer permanent brain damage after outpatient back surgery. Clawson, age 59, complained of pain and was given 20 m. of morphine and then 20 mg of Valium. She sta... More...   $6300000 (10-22-2009 - OH)

Laura Walsh & Daniel Walsh v. Michael G. Chev and Autism and Epilepsy Specialty Services of Illinois

Jason Walsh suffered from autism. When he was five-years-old, his parents sought help from Dr. Michael D. Chez, who specialized in treating autistic children and who did business through his clinic, Autism and Epilepsy Specialty Services of Illinois. Jason’s treatment went seriously awry shortly after he developed pneumonia, and sadly, Jason died on May 9, 2003, of complications from adrenal ins... More...   $0 (10-21-2009 - )

Christina Martinelli, et al. v. Oakwood Hospital and Medical Center and Michael Dargay, D.O.

In this wrongful death action, defendant Michael Dargay, D.O. (Dargay), appeals as of right from the trial court’s order granting his motion for $42,048.50 in case evaluation sanctions against plaintiffs, but denying his request to have the sanctions paid from the proceeds of a $17,500 settlement between plaintiffs, as co-personal representatives of the estate of Elizabeth Kitchen, and codefenda... More...   $0 (10-16-2009 - MI)

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)

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