Plaintiff in the medical malpractice case of Tillson v. Lane will have the opportunity to take his case to trial, following the Vermont Supreme Court’s reversal of an earlier trial court ruling that granted summary judgment to defendant on the “Loss of Chance” doctrine. The “Loss of Chance” doctrine, while…
Last year, the Florida Supreme Court took on the issue of caps on non-economic damages in medical malpractice wrongful death cases. The court ruled in Estate of McCall v. United States that capping damages in these cases was unconstitutional. This was a major victory for those who had suffered the…
In a complex medical malpractice case involving the death of a baby born after just 23 weeks of gestation, a jury awarded the child’s parents $4.3 million. The case, Dean v. Central Georgia Women’s Health Center, was against two obstetricians alleged to have failed in abiding by the standard of…
A woman whose silicone breast implants began causing her serious health problems after they were installed 24 years ago will have another chance to bring her claim to trial, after a federal appellate court ruled a genuine issue of material fact remained regarding whether the claim was time-barred. All states…
When it comes to medical malpractice, sometimes it’s as much what the physicians and health care professionals did not do as what they did. This was the case for plaintiffs in Uriell v. Regents of UC, who accused a surgeon and surgeon’s employer of failure to diagnose breast cancer resulting…
The U.S. Court of Appeals for the Tenth Circuit has a warning for defendants who are the subject of multi-defendant litigation: “Beware: When a fellow litigant settles on the eve of trial, you can’t bank on the right to claim surprise and rewrite your case from top to bottom.” That…
Claims of medical malpractice are litigated differently than those involving general negligence. It’s not enough that a patient suffers an adverse outcome while under a doctor’s care. There must be evidence indicating the physician (or other health care professional) deviated from the applicable standard of care and thus proximately caused…
In Florida, injured parties have a limited amount of time during which they can file a lawsuit to seek compensation. The amount of time they have varies based on the type of allegation. For example, Florida Statute 95.11 holds general negligence claims must be filed within four years of the…
A relatively healthy single mother of two young children was left permanently paralyzed following a series of emergency room treatments by doctors who failed to diagnose the source of pain in her chest, which ultimately led to her paralysis. As a result, the plaintiff in Tenney v. Shapiro was awarded…
When Judy went to an Idaho hospital to receive treatment for infected wounds on her legs, she expected that hospital staff would treat her, and she would get better. What she never anticipated was losing her leg due to a medically-necessitated amputation caused by a hospital-acquired infection. She has since…