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Medical Malpractice Law
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)

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)

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