In Cenni v. Laboratory Corp., a New Jersey appellate decision that came down yesterday takes an interesting look at a lab error lawsuit against Quest and Lab Corp and how the discovery rule and the fictitious party rule work in New Jersey. Facts of Cenni v. Lab Corp The plaintiff…
In a recent malpractice opinion in Acree v. Bayhealth Med. Ctr., a Delaware Superior Court provides a ruling of interest to any Delaware medical malpractice lawyer looking to find more deep pockets that are vicariously liable for a health care provider’s care. In this case, the focus is on a…
In an Idaho medical malpractice case, a couple, the Beebes, have challenged a jury verdict in favor of Northwest Specialty Hospital. The court found that the trial judge misinstructed the jury about proximate cause and improperly dismissed a wife’s loss of consortium claim prior to trial and ordered a new…
Today, asbestos is universally recognized as a highly toxic substance. But just a few decades ago, asbestos was one of the most widely used materials in the U.S. It was used as a building material and the base ingredient for thousands of products. Sadly, this proliferation of asbestos resulted in…
In a new Idaho Supreme Court case, the court issued an important ruling in a medical malpractice case as to whether a section of the Idaho Tort Claims Act (ITCA) shields the state and its employees from liability. The case also gives us a good look into SSRI malpractice lawsuits…
Vermont has been an epicenter of clergy sex abuse, most notably with Roman Catholic Church. The Church has made great progress since the days of ignore and coverup but does not heal the scars. Clergy sex abuse lawsuits against the Catholic Church began earnest in the early 2000s, following similar…
Are wrongful death beneficiaries bound by an arbitration agreement when bringing a wrongful death claim? This issue has been batted around now in so many jurisdictions. Today, it was Kentucky’s turn. Facts of Greenville Nursing and Rehabilitation, LLC et al v. Majors The facts of Greenville Nursing and Rehabilitation, LLC…
The Iowa Supreme Court issued an interesting opinion Estate of Butterfield v. Chautauqua Guest Home, Inc. addresses Iowa’s five-year-old certificate of merit requirement in medical malpractice lawsuits. RELATED CONTENT: Iowa Personal Injury Verdicts & Settlements Iowa Statute of Limitations in Breast Cancer Cases Background Facts and Proceedings This is a…
In Hamon v. Connell, the Georgia Supreme Court was presented with an interesting question: can an adult child bring a wrongful death lawsuit if the widow refuses to bring a claim? Facts of Hamon v. Connell The petitioner is the only surviving child of the decedent. She brought a medical…
In Kipfinger v. Great Falls Obstetrical & Gynecological Associates, the Montana Supreme Court reinstated a medical malpractice birth injury lawsuit against the remaining defendant, who had not yet settled the claim. Facts A pregnant woman arrived at Benefis Hospital in Great Falls, Montana, past her expected due date. An independent…