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Medical Malpractice Law
Baysmore v. Bernard Brownstein, M.D.

Bernard Brownstein appeals from the judgment entered against him in a medical malpractice action. This appeal followed the trial court’s denial of Appellant’s motion for post-trial relief. We affirm.

The trial court summarized the procedural and factual history of this case as follows:

This medical malpractice action arises from Dr. Bernard Brownstein’s (“D... More...   $150000 (03-30-2001 - PA)

Howard Wynn v. Dr. J. Kurt Bivens

Medical malpractice - Wrongful Death - Plaintiff alleged that Dr. Bivens used the wrong antibiotic and improper surgical techniques to treat infections that Mrs. Wynn developed after surgery on a chronic leg ulcer. Mrs. Wynn died some four months after the surgery from anemia from the infections. Mrs. Wynn was a devout Jehovah's Witness who refused blood transfusions recommended by her doctors.... More...   $950000 (03-29-2001 - GA)

Conger v. Timothy Gowder, M.D.

In this medical malpractice case arising out of surgery, the trial court granted the defendant summary judgment on the plaintiff's claims of surgical negligence and lack of informed consent. The plaintiff appeals, arguing (1) that disputed issues of material fact exist that make summary judgment inappropriate and (2) that the trial court erred in refusing to allow the plaintiff to take the deposit... More...   $0 (03-26-2001 - TN)

Theodore R. George v. Lyannette Dade

In this case, appellant Theodore R. George, M.D., an employee of the District of Columbia General Hospital, challenges the trial court's decision not to grant him judgment as a matter of law in a medical malpractice matter where the jury returned judgment in excess of $1.2 million in favor of appellee Lyannette Dade. He contends that the trial court erred in failing to dismiss the action again... More...   $1200000 (03-22-2001 - DC)

Planned Parenthood v. American Coalition of Life

Anti-abortion activists intimidated abortion providers by publishing their names and addresses. A jury awarded more than $100 million in actual and punitive damages against the activists, and the district court enjoined their speech. We consider whether such speech is protected by the First Amendment.

During a 1995 meeting called to mark the anniversary of Roe v. Wade, 410 U.S. 113 (1973)... More...   $0 (03-22-2001 - OR)

Ruth B. Benson, et al. v. Stephen Tkach, M.D., et al.

1 In this medical malpractice action, Plaintiff, Ruth Benson, appeals the trial court's denial of her motion to reconsider following its grant of summary judgment in favor of defendants, Dr. Stephen Tkach, Bone and Joint Hospital, Healthsouth Rehabilitation Hospital, and McBride Clinic, Inc. Based on the record and applicable law, we reverse and remand.

2 Plaintiff is the daughter of Edd A. ... More...   $0 (03-20-2001 - OK)

Doris Kritzberg v. Francis Tarsny

In this appeal we again interpret and apply the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27. In this medical malpractice action, the appeal involves both an affidavit of merit which was untimely served, and interrogatory answers certified by the injured plaintiff which described the expert's opinion and which were served within the statutory 120 day period. The motion court dismissed the action... More...   $0 (03-20-2001 - NJ)

John Mauk, et al. v. James W. William, M.D.

Medical malpractice - Failure to promptly and accurately diagnose and treat breast cancer.... More...   $0 (03-19-2001 - AZ)

Tammy Weavers v. Jeffrey Sanders, M.D., George Kistler, M.D. and Capitol City Medical Associates, Inc.

Medical Malpractice - Wrongful Death - Bert McDaniel, 66, bled to death after heart surgery. Mr. McDaniel developed numerous intestinal bleeding episodes in the period following his surgery. His child claimed that the care received by their father was below the standard of care.

Defendants denied wrongdoing and called the subsequent treating physicians who testified that the care provided w... More...   $0 (03-19-2001 - MO)

Delores and Tom Sawyer v. Dr. H. Berit Midelfort, Celia Lausted and Midwest Medical Insurance Company

Medical Malpractice - False Memories Claim - The parents of Nancy Anneatra - who had accused her parents and brother of physically and sexually abusing her - sued for damages caused by her accusations. Nancy Sawyer, received counseling in 1984 from Lausted and a psychiatrist not named in the lawsuit. She was in her 20s at the time. After a year of treatment, she accused her parents of physically ... More...   $5000000 (03-17-2001 - WI)

John Mauk, et al. v. James W. Williams, et al.

Medical Malpractice - Plaintiffs alleged that Mayo pathologist Dr. James Williams misdiagnosed Sherry Mauk in 1993 after she had her right breast and 13 lymph nodes removed. Based upon the pathology report provided by the Dr. Williams, certain improper treatment decision were make by Mrs. Mauk. She was diagnosed with liver cancer in 1998 and developed leukemia in 2000 from the chemotherapy treat... More...   $0 (03-16-2001 - AZ)

Victoria Queally, et al. v. Dr. J. Donald Burgess

Medical Malpractice - Victoria Queally and her mother, Caroline Queally claimed that Victoria was deprived of oxygen for about 40 minutes while nurses at Parkview Hospital in Brunswick tried to reach Dr. J. Donald Burgess.

Victoria, now 7 years old, suffers cerebral palsy that has left her intellectually intact but unable to walk or talk. She has served as a poster child for Maine's Pine T... More...   $9000000 (03-16-2001 - ME)

Lapkin v. Pino

Third-Party Defendants/Appellants Garland Bloodworth, Inc., d/b/a Bloodworth & Associates (Law Firm), Garland Bloodworth,1 and John Alberts (collectively Attorneys) appeal from summary judgment granted in favor of Defendant/Third-Party Plaintiff/Judgment Assignor Leonard Lapkin, M.D. in Lapkin's unjust enrichment claim. Because we find no substantial issue of material fact upon the record presente... More...   $0 (03-14-2001 - OK)

Dorothy Barum, deceased vs OMH Medical Center, Inc.

Medical malpractice/wrongful death. Dorothy Barnum was an 83 year old who was admitted to OMH Medical Center in Okmulgee for dehydration. Four days later she was getting out of bed and fell, sustaining a fractured hip. She had 2 surgeries, extensive rehabilitation, but was not able to ambulate again, and was admitted to a nursing home where she died 2 years later. Plaintiff alleged the hospita... More...   $0 (03-12-2001 - OK)

Joel DeJean v. Edward C. Wade, M.D., et al.

Joel Dejean (“Dejean”), appellant appeals from a take nothing judgment rendered by the trial court in a medical malpractice case brought against Dr. Edward C. Wade and Edward C. Wade, M.D., P.A. (“Wade”), appellees. We reverse and remand.

In April of 1995, Dejean sought treatment for his vision from Dr. Dunn, an ophthalmologist with Eye Associates of Houston, who ref... More...   $0 (03-08-2001 - TX)

John C. Goff, et al. v. Glenn B. Rothman, et al.

Medical Malpractice - The specific nature of the claims made and defenses asserted at not available at this time.... More...   $0 (03-08-2001 - AZ)

Carol Troum v. Newark Beth Israe Medical Center

Arthur Troum was infected with the human immunodeficiency virus (HIV) when a tainted blood product was administered during cardiothoracic surgery. The virus subsequently ripened into acquired immunodeficiency syndrome (AIDS) resulting in Troum's death. Plaintiff Carol Troum brought survival and wrongful death actions contending that Dr. Luis Rivera committed medical malpractice by unnecessarily or... More...   $0 (03-05-2001 - NJ)

Jaclyn Luth, Individually and a/n/f of Colby and Alexandra Luth, minors, Thomas Luth and Jessica Luth vs. Douglas K. McIntyre, M.D.

Medical Malpractice - Hysterectomy - Jacalyn Luth, 45, claimed that Dr. McIntyre made her vagina too narrow after her vaginal hysterectomy leaving her unable to enjoy sexual intercourse. Corrective surgery did not completely remedy the problem.

Defendant denied wrongdoing and claimed that Plaintiff's vigina was normal in size. ... More...   $0 (02-26-2001 - TX)

Melissa Crowley v. Andrew Gerard Higgins, M.D.

Medical malpractice - Plaintiff Melissa Crowley claimed that defendant Andrew Higgins, M.D. was negligent during the performance of a cervical epidural steroid injection. She claimed that she sustained a spinal cord injury as a consequence of an injection into her spinal cord. She claimed to be permanently disabled from working as a consequence of the alleged spinal cord injury, and sought d... More...   $0 (02-23-2001 - CO)

Carl B. Sessoms v. Raymond A. Gaskins, Jr.; Cape Fear Family Medical Care, P.A.

Medical malpractice resulting in wrongful death arising out of the failure of the Defendant family practice doctor to evaluate abnormalities detected by chest x-rays performed in February 1997. As a result Carl Sessoms' lung cancer went untreated for over a year until March of 1998. He died from lung cancer in October 1998.

Special Damages: Medical expenses, funeral expenses and loss of reti... More...   $4500000 (02-23-2001 - NC)

Maria Luisa Cavazos v. Dr. Jorge Gomez-Vasquez and Eduardo Gomez-Vasquez

Medical Malpractice - Failure to promptly diagnose and treat post gallbladder removal infection. Plaintiff ultimately underwent six subsequent surgical procedures in the 18 months after the procedure performed by the defendants.... More...   $4000000 (02-21-2001 - TX)

Nancy Greenwood v. Paracelsus Health Care Corp. of North Dakota Incorporated Corporation, d/b/a Heartland Medical Center, and Dr. Gary Lindemoen

[1] Nancy Greenwood appeals from district court judgments dismissing her medical malpractice actions against Paracelsus Health Care Corporation of North Dakota and Dr. Gary Lindemoen. We affirm the judgment dismissing the action against Paracelsus, reverse the judgment dismissing the action against Dr. Lindemoen, and remand for a new trial against Dr. Lindemoen.


[2] In 1... More...   $0 (02-15-2001 - ND)

Lapkin v. Garland Bloodworth, Inc.

ird-Party Defendants/Appellants Garland Bloodworth, Inc., d/b/a Bloodworth & Associates (Law Firm), Garland Bloodworth,1 and John Alberts (collectively Attorneys) appeal from summary judgment granted in favor of Defendant/Third-Party Plaintiff/Judgment Assignor Leonard Lapkin, M.D. in Lapkin’s unjust enrichment claim. Because we find no substantial issue of material fact upon the record pres... More...   $0 (02-08-2001 - OK)

Estate fo James Randall Barnes v. Dr. Francis L. Daly

Medical Malpractice - The family of Randall R. Barnes claimed that Dr. Francis Dally negligently failed to properly diagnose and treat Mr. Barnes' psychiatric problems including major depression, with the result that Mr. Barnes killed himself on November 20, 1997. Plaintiffs claimed that suicidal ideations by Mr. Barnes were communicated to Dr. Daly but that he failed to recognize the seriousness... More...   $8100000 (02-08-2001 - NC)

Deborah Hembree, et al. v. Dr. Richard Katseres, et al.

Medical Malpractice - Wrongful Death - The allegations made by the plaintiffs and the defenses asserted by the defendant are unknown at this time.... More...   $0 (02-02-2001 - OK)

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