Earlier this month, an appellate court in Nevada issued an opinion in what turned out to be a medical malpractice case, although the plaintiff filed the case as a battery case. In the case, Humboldt General Hospital v. Sixth Judicial District Court, the appellate court hearing the case determined that…
Earlier this month, an appellate court in Alabama decided a case discussing how a statute of repose can prevent a plaintiff’s case from proceeding forward to trial, even if the evidence against the defendant is very strong. In the case, Cutler v. University of Alabama Health Services Foundation, the court…
Earlier this month, an appellate court in Maryland decided a very interesting case involving the parents of a young boy who died after complications involving his birth. In the case, Spangler v. McQuitty, the court determined that although the young boy had successfully recovered compensation for his injuries in a…
The New York Court of Appeals, the highest appellate court in the state, recently released a decision that affirmed two lower court decisions dismissing a plaintiff’s medical malpractice claim for the plaintiff’s failure to timely serve a notice of claim on the defendant, as required by statute. The plaintiff’s claim…
In many personal injury and medical malpractice cases, the bulk of the litigation actually occurs before a case reaches the trial phase. Much of this pre-trial litigation occurs over discovery-related matters, when the parties essentially argue over which evidence will be considered at trial and which evidence should be kept out. After the…
Earlier this month, an appellate court in Missouri issued a written opinion illustrating how a state’s statute limiting non-economic damages in medical malpractice cases can act to significantly limit a plaintiff’s recovery amount. In the case, Dodson v. Ferrara, the plaintiffs were initially awarded approximately $1.8 million in economic damages…
Earlier this month, the Supreme Court of Louisiana issued a written opinion in a case involving a man who developed a serious infection after having a routine back surgery performed at the defendant’s hospital. In the case, Dupuy v. NMC Operating Company, the court ultimately determined that the case was…
Earlier this month, the Supreme Court of Alaska heard a case brought by a patient against the doctor and anesthesiologist who performed his open-heart surgery. In the case, Brandner v. Pease, the court ultimately determined that the plaintiff’s failure to provide admissible evidence from an expert required that the case…
Earlier this month, the Supreme Court of Mississippi released a written opinion in a case, Thornhill v. Ingram, holding that a medical malpractice plaintiff’s case was untimely because the statute of limitations had run. This left the plaintiff with no way to recover for the injuries he allegedly sustained as a…
There have been several recent incidents where slow ambulance response times resulted in seriously injured individuals having to wait a significant amount of time before receiving any type of emergency treatment. One Washington D.C. news source reported that during one week in March there were three incidents where injured people had…