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Medical Malpractice Law
 
Galvez v. Fields

This is a medical malpractice case in which Nathaniel Galvez sues defendant Michael Frields, M.D., for wrongful life, contending that Frields failed to make reasonable efforts to ensure Nathaniel’s mother, Michelle Sepulveda, was given a blood test to detect the presence of the neural tube defect from which Nathaniel suffers. Plaintiff filed this action against Frields and several other ... More...   $0 (05-18-2001 - CA)

Francis and Eva Wildonger vs. Deborah Somers, M.D., Jerry Herman, M.D., SHSK, P.C., Myra Handfinger, Leslie Sokolow, and Baby Focus, Inc.

Medical Malpractice - Obstetrics - Untreated pregnancy complication resulting in death of a
fetus.


The defendant doctors claimed that placneta abruption caused the death of the fetus and that the care they provided met or exceeded the standard of care and that they were not negligent.


Claire Berkowiz commented:

I followed a particular malpractice case in Philadelph... More...
   $0 (05-17-2001 - PA)

Augustine Ballinas, et al. v. City of New York Health and Hospitals Corp.

Medical malpractice - brain damage sustained by newborn who contracted bacterial meningitis from his mother at birth. A test for the bacteric was ordered a day late resulting in a corresponding delay in treatment of the child. There also was a daylong delay in returning the test results from a lab, and another 24 hours elapsed before Augustine was given antibiotics to combat the group B strep he ... More...   $107800000 (05-17-2001 - NY)

Ruth S. Rittenhouse v. Gerald E. Hanks, M.D., et al.

1 Gerald E. Hanks, M.D., and American Oncological Hospital of the Fox Chase Cancer Center (collectively “Appellants”) appeal the judgment entered against them in this medical malpractice action. We affirm.

2 Appellee, Ruth S. Rittenhouse, administratrix of the estate of her husband John Rittenhouse, brought this action alleging the negligence of Dr. Hanks, John’s attend... More...   $2500000 (05-16-2001 - PA)

Wayne Borngesser, et al. v. Jersey Shore Medical Center

Plaintiff, deaf since the age of four, appeals a jury verdict in favor of defendant on his claims brought under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and § 794(a) (commonly referred to as § 504) of the Federal Rehabilitation Act of 1973, 29 U.S.C.A. §§701 to 796. The verdict was based upon the jury's findings that defendant had not failed to provide reasonable ac... More...   $0 (05-14-2001 - NJ)

Wester v. Check, et al.

Medical Malpractice - Plaintiff's decedent died from the loss of blood after an egg-retrieval procedure performed in preparation for an in vitro fertilization procedure. He woman presented at another doctor's office later in the day complaining of blood loss but was not seen for 90 minutes despite the fact that he was told that she was bleeding and that her blood pressure was dropping and that sh... More...   $25000000 (05-10-2001 - PA)

Holt v. Dr. Dan Taylor Walker

On April 30, 1996, Sheryl Holt was a patient of Dr. Wagner, and she had elected to have Dr. Wagner perform gallbladder surgery on her. On that date, Dr. Wagner ordered a routine chest x-ray exam prior to surgery. The x-ray was performed by Dr. Donald A. Harper, and the reportfollowing the x-ray made reference to a "right apical mass, infiltrate and/or plural thickening[,]" which is an abnormal con... More...   $0 (05-10-2001 - AR)

Plaintiff Latonia Clark, as administrator of the estate of Ashanti Beasley, brought a medical negligence action to recover damages for the wrongful death of her son, Ashanti Beasley. Plaintiff sued defendants Galen Hospital Illinois, Inc., d/b/a Columbia Michael Reese Hospital and Medical Center (Michael Reese Hospital); John B. Payton, M.D.; Dr. Zubair Amin #6200; Dr. Wasef, a/k/a Vassef (Wasef);... More...   $0 (05-10-2001 - IL)

Denisa Jennison v. Providence St. Vincent Medical Center

In this medical malpractice action, defendant Providence St. Vincent Medical Center (hospital) appeals from the trial court's judgment after the jury had found in favor of plaintiffs. (1) Hospital makes several assignments of error, which we will address in turn. We affirm.

* * *

Most of the relevant facts are not in dispute. On May 11, 1996, Jennison, a 45-year-old woman with a history of a... More...   $17770000 (05-09-2001 - OR)

Joseph Paul, et al. v. Frederick C. Skemp, Jr., M.D., et al.

The issue in this case is whether the statute of limitations for medical malpractice claims in Wis. Stat. § 893.55 (1995-96)1 bars this action. Joseph J. and Judith E. Paul, and the Estate of Jennifer Jo Paul (collectively the "Pauls") brought this action in La Crosse County Circuit Court against Dr. Frederick Skemp, Dr. Virginia Updegraff and the Skemp Clinic (collectively "Skemp"). The Pauls cla... More...   $0 (05-05-2001 - WI)

St. Paul Insurance Company v. Hayes

St. Paul Insurance Company, Holly Gerlaugh, David Shinstrom, and the Maine-Dartmouth Family Practice Residency Program appeal from the judgment entered in the Superior Court (Kennebec County, Atwood, J.), dismissing their claim against James P. Hayes. We conclude that the trial court did not exceed the bounds of its discretion, and therefore, we affirm the judgment. The pending action, brou... More...   $0 (05-04-2001 - ME)

Estate of Nichelle Denise Adams v. Via Christi Regional Medical Center, et al.

Medical Malpractice - This is a personal injury and wrongful death action filed by Albert and Forestean Adams, the parents of Nichelle Adams, who died as a result of a ruptured ectopic pregnancy. The parents sued St. Francis Regional Medical Center, now known as Via Christi Regional Medical Center, and Dr. Linus Ohaebosim. The parents settled all their claims against the hospital for $170,000. The... More...   $2015000 (05-03-2001 - KS)

Rocco Fridono v. Charles M. Chuman, M.D.

Medical Malpractice - Jury returned verdict in favor of the defendant and plaintiff appealed. This case arises out of a cervical laminectomy See footnote performed by Chuman on Fridono on April 19, 1989. Fridono first injured his back in 1977. In 1979, Fridono experienced pain in his neck and upper extremities; he was treated by a chiropractor at that time. However, the pain worsened, and Fridono... More...   $0 (05-03-2001 - IN)

KENDRA J. THIGPEN v. CORAZON NGO, M.D., MARSHALL B. FRINK, M.D., NATIONAL EMERGENCY SERVICES, INC., EMERGENCY PHYSICIANS ASSOCIATION

Plaintiff appeals the dismissal and entry of summary judgment in her medical malpractice suit as to defendants Marshall B. Frink, M.D. (Frink), National Emergency Services, Inc. (NES), and CP/National, Inc., a/k/a Community Physicians/National, Inc. (CP/N). For the reasons stated below and in companion case COA00- 409, we reverse the trial court's dismissal and summary judgment.

Plaintiff all... More...   $0 (05-01-2001 - NC)

Janet Phillips v. Covenant Clinic, et al.

Medical malpractice - Janet Phillips, as executor of her father's estate, brought this wrongful death action against the Covenant Clinic and three physicians after her father died of heart failure shortly after being treated at the clinic. The district court granted summary judgment for the clinic and the physicians, concluding that Janet had presented insufficient facts to support the proximate c... More...   $0 (04-25-2001 - IA)

Florence A. Prosise v. Robin Foster

The issue in this case is whether an on-call attending physician for a teaching hospital owed a duty of care to a patient based upon a physician-patient relationship in the absence of direct contact with or consultation concerning the patient.

Dr. Robin L. Foster was the attending physician for the Medical College of Virginia Hospitals Pediatric Emergency Room (MCVPER) from noon o... More...   $0 (04-20-2001 - VA)

Prosise v. Robin Foster, et al.

The issue in this case is whether an on-call attending physician for a teaching hospital owed a duty of care to a patient based upon a physician-patient relationship in the absence of direct contact with or consultation concerning the patient. Dr. Robin L. Foster was the attending physician for the Medical College of Virginia Hospitals Pediatric Emergency Room (MCVPER) from noon on M... More...   $0 (04-20-2001 - VA)

Jerald Miller, D.D.S. v. Elaine Rosenberg

The primary issue presented in this appeal is whether section 2–109 of the Code of Civil Procedure (735 ILCS 5/2–109 (West 1998)), which eliminates the requirement to plead or prove special injury for certain malicious prosecution plaintiffs, is unconstitutional because it violates two provisions of the Illinois Constitution of 1970: the special legislation clause set forth in article ... More...   $0 (04-19-2001 - IL)

Miller v. Rosenberg

The primary issue presented in this appeal is whether section 2–109 of the Code of Civil Procedure (735 ILCS 5/2–109 (West 1998)), which eliminates the requirement to plead or prove special injury for certain malicious prosecution plaintiffs, is unconstitutional because it violates two provisions of the Illinois Constitution of 1970: the special legislation clause set forth in article ... More...   $0 (04-19-2001 - IL)

Donald W. Brasier v. St. John Medical Center, Inc.

Medical Malpractice - Nursing Negligence - Plaintiff claimed that he sustained a burn injury as a result of being moved improperly.... More...   $0 (04-16-2001 - OK)

Leonard Mays v. William Stanley Muenzler, M.D., et al.

Medical Malpractice - The claims made by the plaintiff and the defenses asserted by the defendants are unknown at this time.... More...   $400000 (04-12-2001 - OK)

Peter Grubnick, D.D.S., et al. v. Betty Renner and Richard W. Renner, Sr.

On February 12, 1997, a jury returned a verdict in favor of the Renners awarding them $150,000 in damages on their dental malpractice claim against Grubnich. Under the Medical Malpractice Act, Grubnich’s liability was limited to $100,000, and the Patient’s Compensation Fund (“the Fund”) was liable for the remaining $50,000. Ind. Code § 27-12-14-3 (current version at Ind. Co... More...   $0 (04-10-2001 - IN)

Preston v. Health Care Corporation of America

Appellant, the personal representative of the estate of Myrtha Preston (“decedent”), appeals from an order dismissing his claim against Health Care and Retirement Corporation of America (“Health Care”) with prejudice for failure to comply with the pre-suit requirements of the Medical Malpractice Act (“Malpractice Act”). He argues that those pre-suit requi... More...   $0 (04-04-2001 - FL)

BRENDA HENRY and FOSTER HENRY Individually, and BRENDA HENRY as Guardian Ad Litem for CRYSTAL HENRY, a minor child, Plaintiffs, v. SOUTHEASTERN OB-GYN ASSOCI

Plaintiffs Mr. and Mrs. Henry brought this medical malpractice action on behalf of themselves and their daughter, Crystal Henry, seeking recovery for the allegedly negligent prenatal and obstetrical care rendered by defendants. At trial, plaintiffs tendered one expert witness: Dr. Chauhan, an OB-GYN specialist practicing in Spartanburg, South Carolina, and licensed in SouthCarolina and Georgia. Af... More...   $0 (04-03-2001 - NC)

Winter v. United States

Steven W. Winter appeals the district court's grant of summary judgment in his medical malpractice action pursuant to the Federal Tort Claims Act ("FTCA"), regarding his participation in a research study on paraplegics conducted by the Department of Veterans' Affairs (VA). We agree with the district court that Winter's FTCA claim did not accrue more than two years before the filing of Winter... More...   $0 (04-02-2001 - AZ)

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