Category Archives: Articles
State Appellate Court Reverses Judgment for Defendant in Medical Malpractice Case
The Court of Appeal of the State of California recently released a decision that reversed a lower court’s judgment favoring the defendant in a case alleging wrongful death as a result of medical malpractice after a man died from cardiac arrest while undergoing diagnostic evaluation for intestinal bleeding. The Court of Appeal’s ruling in… Read More »
Midwife Convicted on Felony Charges After Failed Home Birth
A unlicensed North Carolina midwife entered a guilty plea to charges filed as a result of a failed home birth for which she worked as a midwife in July 2012. The woman, who was initially charged with murder of an unborn child, assault inflicting serious bodily injury, obtaining property by false pretense, and obstruction… Read More »
Family of Baby Born with Cerebral Palsy Receives $2.9 Million Interim Settlement While the Proceedings Continue
The family of a baby who was born with a debilitating condition as a result of the hospital’s allegedly negligent birth procedures has received an apology and an interim settlement from the responsible party. According to one news source, the settlement, which totaled the equivalent of $2.9 million, is only to cover the interim… Read More »
State Supreme Court Rules in Favor of Parents in Medical Malpractice Claim over Daughter’s Death
There was a victory in court earlier this month for the parents of a nine-year-old girl who died after being treated with a potentially dangerous drug when visiting the emergency room with symptoms of a stomach virus. The Hawaii Supreme Court ruled that a lower court was mistaken in deciding the case in the… Read More »
State Supreme Court to Decide Whether to Allow Medical Malpractice Case Based on Patient Suicide to Proceed
The Florida Supreme Court recently heard arguments in a medical malpractice case that alleges a Florida doctor was negligent in failing to properly treat and prevent the suicide of a patient. The plaintiff’s wife was a patient of the doctor being treated for depression and committed suicide shortly after calling the doctor’s office and… Read More »
Family Awarded $31.3 Million After 13-Year Battle to Hold Hospital Responsible for Birth Injury
The parents of a boy who developed severe brain damage, causing epilepsy and autism, after he was allegedly prematurely released from the hospital hours after his 2002 birth have been awarded a $31.3 million payout after a long battle and malpractice trial. After the verdict was released, the hospital that was responsible for the… Read More »
State Court Strikes Down Non-Economic Damages Cap for Medical Malpractice Resulting in Death
The Utah Supreme Court ruled earlier this month that a limit on certain damages in medical malpractice actions that was imposed by the legislature violated the state constitution. In the case of Smith v. the United States, the Utah Supreme Court held that the non-economic damages cap contained in the Utah Health Care Malpractice… Read More »
State Supreme Court Affirms Dismissal of Case Involving Birth Injury State Supreme Court Affirms Dismissal of Case Involving Birth Injury
The South Carolina Supreme Court released a decision earlier this month upholding a lower court decision that a woman’s medical malpractice claim related to a birth injury was barred by the statute of limitations. The Court ruled that the mother’s incapacitated state did not act to toll, or extend, the statute of limitations for… Read More »
State Supreme Court Finds Error in Admitting Defendant Doctor’s Prior Felony Conviction into Evidence
Earlier this month, the Supreme Court of Utah held that it was not proper for a medical malpractice plaintiff to submit evidence of the defendant doctor’s prior felony conviction for the distribution of prescription medication. In the case of Robinson v. Taylor, the plaintiffs were the children of a man who was being treated… Read More »
State Supreme Court Orders New Trial for Birth Injury Victim After Discovery of Improper Communication Between Judge and Jury During Deliberations
Earlier this year, the Supreme Court of Georgia released an opinion in which it affirmed a Georgia Court of Appeals ruling that granted the plaintiffs in a birth injury action the right to have a new trial after it was discovered that the trial judge had written a note to the jury during deliberations… Read More »
