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Medical Malpractice Law
 
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.

I

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)

Mike Norgaard, LPC and Riverbend Behavioral Healthcare Associates, P.A. v. Cheryl Locke Pingel

Appellants Mike Norgaard, LPC and Riverbend Behavioral Healthcare Associates, P.A. appeal from the trial court=s denial of their motion to dismiss Appellee Cheryl Locke Pingel=s claims against them. Because we hold that Pingel was required to provide an expert report in compliance with section 74.351 of the Texas Civil Practice and Remedies Code,[1] we reverse.

Norgaard is a licensed profe... More...
   $0 (08-31-2009 - TX)

Paris Campen v. Cedars-Sinai Medical Center

The parent of Paris Campen, age 5, sued Cedars-Sinai Medical Center on a medical negligence theory (medical malpractice) claiming that the hospital's neonatal intensive care unit negligently failed to diagnose a meningitis infection in 2005 and, as a direct result, Paris suffered brain damage.

The defenses asserted by defendant are not available.... More...
   $7300000 (08-29-2009 - CA)

Herbert Livingston, et al. v. Greater Washington Anesthesiology & Pain Consultants, P.C., et al.

This matter arises from a wrongful death action filed by appellants, Herbert Livingstone, individually and as administrator and personal representative of the estate of his deceased wife, Tracy Orr (“Dr. Orr”), who died on November 12, 2002, three days after giving birth to twin boys by a pre-term Cesarean section.1 The complaint alleged medical negligence by appellees Richard S. Margolis, M.D... More...   $0 (08-27-2009 - MD)

Selena Shaffer v. Suzanne Icely, M.D., Norma J. Pointer, RDMS, and Ob/Gyn Associates, P.A.

The Appellants, Selena Shaffer and Brant Bolinder, individually and as parents and natural guardians of Greenley Bolinder, a minor, challenge the order dismissing their second amended complaint with prejudice as to the Appellee Norma J. Pointer for failure to state a cause of action. We reverse.

Pointer was the ultrasound technician who advised the Appellants that the sonogram showed their ... More...
   $0 (08-26-2009 - FL)

Omar Earlington, Jr., et al. v. Anthony Anastasi, et al.

In this medical malpractice appeal, the defendants, Anthony Anastasi, an obstetrician, and F.A.L. Medical Associates, P.C.,1 appeal from the judgment of the trial court, rendered after a jury trial, in favor of the plaintiffs,2 Omar Earlington, Jr. (Omar), Tamar Earlington (Tamar) and Omar Earlington. On appeal,3 the defendants claim that the trial court improperly: (1) included specifications of ... More...   $0 (08-25-2009 - CT)

St. Vincent's Medical Center, Inc., et al. v. Robert and Tammy Bennett, et al.

In these consolidated appeals, St. Vincent’s Medical Center, Inc., William H. Long, M.D., and North Florida Obstetrics and Gynecology, P.A., challenge a final order of the Division of Administrative Hearings (DOAH) in which the administrative law judge (ALJ) held that the child of Robert and Tammy Bennett, appellees, did not qualify for coverage by the Florida Birth-Related Neurological Injury C... More...   $0 (08-21-2009 - FL)

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