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Medical Malpractice Law
Wilcoxson v. Howard

Medical malpractice - failure to diagnose and treat heart disease. Patricia Wilcoxson, age 44, sought treatment from Dr. Hills Howard for chest pains. Ms. Wilcoxson was diagnosed as having high blood pressure and an abnormal EKG. She was given medication and told to come back in a week. Three days after she returned she died. Plaintiff claimed that defendant's failure to properly treat Ms. Wi... More...   $1100000 (11-26-2001 - MI)

Sharon Kuester and Daniel Kuester v. Margaret M. Inman, M.D., et al.

In July 1997, surgeons perforated Sharon Keuster’s stomach while performing a silastic ring vertical gastroplasty, See footnote and Sharon suffered injuries as a result. Sharon and her husband Daniel (collectively “Keusters”) filed a proposed medical malpractice complaint with the Indiana Department of Insurance and, subsequently, a complaint in Marion Superior Court alleging fra... More...   $0 (11-19-2001 - IN)

L. Ralph Rogers, M.D. v. Ann Mendel

Dr. L. Ralph Rogers (“Dr. Rogers”) appeals the trial court’s order denying his motion for summary judgment. Dr. Rogers raises the following issue: whether the trial court erred when it found a genuine issue of material fact regarding whether Ann Mendel and Linus Mendel (“Mendels”) filed their complaint within the applicable two-year statute of limitations. We agree wi... More...   $0 (11-19-2001 - IN)

Columbia/JFK Medical Center Limited Partnership, et al. v. Judy Brown, et al.

Petitioner, a hospital, seeks certiorari review of an order allowing a claim to proceed in a medical malpractice case. The hospital argues that the trial court erred in allowing one of the counts in the complaint to remain because it is based on entirely different conduct of the hospital than the conduct alleged in the presuit screening required by section 766.106, Florida Statutes (1997).

* * *... More...   $0 (11-19-2001 - FL)

Vineta L. Patrick, et al. v. State of Oregon

Plaintiff Vineta Patrick brought this action against defendants, the State of Oregon and Klamath County, seeking to recover damages based on the alleged negligence of the Klamath County court clerk. The trial court granted defendants' motion for summary judgment on the ground that, as a matter of law, the clerk's conduct was not the cause of plaintiff's damages. Plaintiff appeals, and we affirm. <... More...   $0 (11-14-2001 - OR)

Denise Gilles v. Wiley, Malehorn and Sirota and Arthur L. Raynes

Plaintiff Denise Gilles appeals from a summary judgment dismissing her legal malpractice complaint against defendants, the law firm of Wiley, Malehorn & Sirota, and its partner, Arthur L. Raynes, who had represented her. The gravamen of her complaint is that Raynes, voluntarily and without good cause attributable to her, terminated the representation without adequately protecting her against the r... More...   $0 (11-14-2001 - NJ)

Marsha Gordon v. Macellis K. Glass, et al.

The plaintiff, Marsha Gordon, appeals from the judgment of the trial court granting the defendants’ 1 motions for summary judgment. In her appeal, the plaintiff claims that the court (1) improperly failed to construe the evidence in the light most favorable to her as the nonmoving party and (2) improperly concluded that she had failed to present sufficient evidence on the issue of pro... More...   $0 (11-13-2001 - CT)

David S. Stewart, M.D., et al. v. Sheila Gayle Cannon, et al.

Appellants seek review of an order denying their motion for judgment in accordance with the motion for a directed verdict in this medical malpractice action. They argue that the evidence presented at trial was legally insufficient to establish that any negligence on the part of appellant Stewart was the proximate cause of appellees' loss, injury or damage. Having carefully reviewed the record,... More...   $0 (11-13-2001 - FL)

James M. Preston v. Renee DuPont

In this case, we determine whether, in medical malpractice actions, which are governed by the Colorado Health Care Availability Act ("HCAA"), noneconomic losses or injuries caused by physical impairment or disfigurement are subject to the HCAA’s $250,000 limitation on noneconomic damages. Resolution of this issue necessitates that we determine the relationship between section 13-21-102.5, 5 ... More...   $296933 (11-13-2001 - CO)

Marta Lewis v. Norberto S. Samson, Jr., M.D., et al.

Plaintiff Marta Lewis, acting as personal representative for decedent Martin C. Lewis, filed an action for wrongful death arising out of medical malpractice against Defendants Norberto R. Samson, Jr., M.D., and Raymond F. Ortiz, M.D. Following a jury verdict and judgment in favor of Defendants, Plaintiff appealed to the Court of Appeals. The Court of Appeals reversed the judgment and remanded for ... More...   $0 (11-09-2001 - NM)

Susan St. Romain, et al. v. Dr. Glen D. Luker, et al.

This medical malpractice case involves the issue of standing by the Louisiana Patient's Compensation Fund (PCF) to contest the liability of a qualified health care provider that entered into a settlement for less than $100,000, as well as the issue of prescription regarding the plaintiffs' medical malpractice action. For the following reasons, the judgment of the district court is affirmed.

... More...   $0 (11-09-2001 - LA)

State of West Virginia ex rel. The Charleston Town General Hospital, et al. v. The Honorable David H. Sanders, et al.

The petitioners herein, the Charles Town General Hospital, doing business as Jefferson Memorial Hospital, and the Medical Staff thereof [hereinafter collectively referred to as “the Hospital” or “Jefferson Memorial Hospital”], request this Court to issue a writ of prohibition to prevent the Circuit Court of Berkeley County from enforcing its order entered March 23, 2001. By... More...   $0 (11-09-2001 - WV)

Hogue v. Columbia/HCA Healthcare Corporation

Medical Malpractice - The family and estate of Robert Hogue, Jr., age 52, claimed that a delay in properly diagnosing and treating a heart valve problem resulted in his death before surgery could be performed.... More...   $30200000 (11-08-2001 - TX)

Evans for McCord v. St. Mary's Hospital of Brooklyn and Dr. Randahir Bajaj

Medical malpractice - Michelle McCord, age 28, was admitted to St. Mary's Hospital in Brooklyn with complaints of severe breathing problems. She was intubated and placed on a respirator. The next day, the breathing tube was ordered removed by Dr. Randahir Bajaj. When his ordered were carried out, Ms. McCord again began having difficulty breathing and an attempt to re-intubate was unsuccessful. ... More...   $114000000 (11-07-2001 - NY)

Tonya Oliver and Robert Oliver v. Thomas T. Abell

Medical malpractice - laser surgery resulting in cornea damage caused by reversing the axis on the patient's eye with doubling of the patient's astigmatism.... More...   $1500000 (11-06-2001 - KY)

Sandy A. Christianson, et al. v. Ronal Mason, M.D.

Medical Malpractice Claim - The allegations made by the plaintiffs and the defenses asserted by the defendant are unavailable at this time.... More...   $0 (11-01-2001 - CO)

Hershel P. Cashin v. Barbara Parker Jackson

Appellee sued appellant for the balance of a referral fee. Appellee asked appellant to assist her in prosecuting a medical malpractice lawsuit on behalf of one of her long time clients. They agreed to split the attorney's fees 50% each. The lawsuit settled for $250,000, appellant received a $100,000 fee plus reimbursement for costs. Appellant offered to settle with appellee, 1/3 ($33,333.33) for a... More...   $0 (11-01-2001 - TX)

University of Maryland Medical System Corporation v. Janet Malory, et al.

Appellees/cross-appellants Janet Malory (Janet), personal representative of the estate of decedent Jamal Malory (Jamal), and Markieta Malory (Markieta), mother of Jamal, brought suit against appellant/cross-appellee University of Maryland Medical System Corporation in the Circuit Court for Baltimore City on December 17, 1998. Both claims alleged medical malpractice, contending that appellant... More...   $0 (10-31-2001 - MD)

Sandra J. Means v. Dr. William Letcher

Medical malpractice - Plaintiff claimed that defendant negligently performed unnecessary brain surgery on her and as a result, she suffered intracranial bleeding.... More...   $0 (10-26-2001 - OK)

Lisa Cooper v. Eagle River Memorial Hospital, Inc. and Wisconsin Patients Compensation Fund

Lisa Cooper sued Eagle River Memorial Hospital ("Eagle River") for medical malpractice on behalf of her deceased son. A jury returned a verdict in favor of Eagle River, and Cooper appeals several alleged errors at trial. For the reasons stated herein, we affirm.

I. Background

On June 6, 1998, Cooper, who was approximately 30 weeks pregnant, was vacationing in Eagle River, W... More...   $0 (10-25-2001 - WI)

Debra Marie Ramirez, et al. v. Douglas K. McIntyre, M.D.

Appellants, Debra Marie Ramirez and Victor Bocanegra (collectively "appellants"), appeal the trial court's grant of summary judgment in favor of appellee, Dr. Douglas McIntyre, in a medical malpractice action for damages resulting from the labor and delivery of their son, Colby Alan Ramirez. We will reverse the trial court's judgment and remand the cause.


On April 23, 1998, Deb... More...   $0 (10-25-2001 - TX)

Gloria Mendoza v. Daughters of Charity Health Services of Austin d/b/a Seton Home Care and Carmen Lozano, R.N.

The Mendozas appeal a take-nothing jury verdict in their medical malpractice suit against Seton Home Care and Carmen Lozano ("appellees"). In six issues, they challenge the factual sufficiency of the evidence to support the jury's failure to find appellees negligent and various trial court rulings pertaining to the admission of evidence. We overrule the Mendozas' issues and sustain the trial court... More...   $0 (10-25-2001 - TX)

Ruby Peterson v. Robert J. Burns

[1.] Attorneys Glen Johnson and Gregory Eiesland (Johnson and Eiesland) petitioned for intermediate appeal from a circuit court decision that determined that the three-year wrongful death statute of limitations, rather than the two-year medical malpractice statute of limitations, governs wrongful death claims from medical malpractice. The petition was granted and we now reverse.


... More...   $0 (10-24-2001 - SD)

Patricia L. Larsen v. Mayo Foundation

Patricia L. Larsen received medical treatment from Mayo Clinic, a subsidiary of Mayo Foundation, in 1996. More than two years later, in 1998, Larsen and her spouse filed a diversity action in Minnesota against Mayo Foundation, alleging the 1996 treatment was negligent and caused Larsen further health problems. Because Minnesota’s two-year statute of limitations had expired before the Lar... More...   $0 (10-24-2001 - MN)

Debbie Whitworth, et al. v. Presbyterian Healthcare Center of North Texas

Debbie Whitworth and Gary Whitworth (the Whitworths) appeal the trial court's dismissal of their medical malpractice case against Presbyterian Healthcare Center of North Texas d/b/a Presbyterian Hospital of Plano (Presbyterian) because the Whitworths failed to file an adequate expert report pursuant to section 13.01(d) of the Medical Liability and Insurance Improvement Act (the Act), Tex... More...   $0 (10-23-2001 - TX)

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