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Medical Malpractice Law
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)

Joseph Solimeno v. Abdullah M. Yonan, M.D.

¶1 Abdullah M. Yonan, M.D., Nawal P. Yonan, and Phoenix Medical Group, P.C. (“defendants”) challenge the superior court’s order that they pay attorneys’ fees and costs as a sanction for a mistrial declared after the court found they violated pretrial disclosure requirements. We affirm and hold that a medical malpractice defendant who also testifies as a standard of care expert is subject ... More...   $0 (03-18-2010 - AZ)

David Eads v. Timothy R. Borman, D.O., Salem Hospital, Michael J. George, M.D., Salem Radiology Consultants, P.C.

Plaintiff in this medical malpractice action appeals a limited judgment in favor of defendant Willamette Spine Center, LLC.(1) Plaintiff underwent back surgeries, which injured his spinal cord.(2) Plaintiff sought damages from defendant, the surgeon (Dr. Borman), and a number of other medical providers. He contended that Dr. Borman was defendant's actual or apparent agent and, therefore, defend... More...   $0 (03-17-2010 - OR)

Kristy Wilcox, et al. v. Daniel S. Schwartz, et al.

In this medical malpractice case, the plaintiffs, Kristy Wilcox and Timothy Wilcox,1 appeal from the judgment of the trial court dismissing their complaint against the defendants, Daniel S. Schwartz, a general surgeon, and CBS Surgical Group, P.C., on the ground that the written opinion accompanying the complaint was insufficiently detailed to meet the requirements of General Statutes § 52-190a (... More...   $0 (03-16-2010 - CT)

Carol Gliemmo v. Mark Cousineau

Carol and Robert Gliemmo (Appellants) brought a medical malpractice action against emergency room doctor Mark Cousineau, Emergency Medical Specialists of Columbus, P.C., and St. Francis Hospital, Inc. (Appellees). After Appellees answered the complaint, Appellants filed a challenge to the constitutionality of OCGA § 51-1-29.5 (c), which provides:

In an action involving a health care lia... More...
   $0 (03-15-2010 - GA)

Lonnie Eskelson v. Davis Hospital and Medical Center and Jonathan Apfelbaum

¶1 Lonnie Eskelson sued Dr. Jonathan Apfelbaum on behalf of his four-year-old son Jacob, alleging that Dr. Apfelbaum perforated Jacob’s eardrum during an attempt to extract a bead lodged in Jacob’s ear. Mr. Eskelson appeals the district court’s decision excluding his expert’s testimony and granting summary judgment in favor of Dr. Apfelbaum.


¶2 On May 24, 2004, J... More...
   $0 (03-12-2010 - UT)

Marylou Primiano v. Yan Cook

We address admissibility under Daubert1 of medical testimony.

I. Facts

Marylou Primiano has suffered a miserable ordeal since she had elbow surgery. The question raised by her litigation2 is whether her ordeal resulted from a defective product, the artificial elbow Howmedica Osteonics Corporation manufactured.

The district court granted summary judgment against her and dismiss... More...
   $0 (03-12-2010 - NV)

David L. Gerke v. Frank Romero, et al.

{1} The primary issue presented in this case is, when does the statute of limitations begin to run for purposes of “toxic tort” personal injury claims? Plaintiff (Tenant) appeals pro se from the district court order granting summary judgment in favor of Defendants (Landlords) dismissing his claim for damages due to exposure to mold.

The district court granted summary judgment to Landl... More...
   $0 (03-10-2010 - NM)

Phil Johnson v. J. Edward McCullough, M.D. and Mid-America Gastro-Intestinal Consultants, Inc.

J. Edward McCullough and Mid-America Gastro-Intestinal Consultants (collectively “Defendants”) appeal from the trial court’s judgment granting Phil Johnson’s motion for a new trial alleging intentional nondisclosure by a juror. After disposition by the court of appeals,1 this Court granted transfer. MO. CONST. art. V, sec. 10.

This Court affirms the trial court’s judgment. Counsel... More...
   $0 (03-09-2010 - MO)

Centocor, Inc. v. Patricia Hamilton

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail... More...   $0 (03-08-2010 - TX)

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