Lawsuit Information CenterThe 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.
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Articles Posted in States
New Georgia Supreme Court Opinion on Wrongful Death Statute
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 malpractice lawsuit alleging she is entitled to compensation for the wrongful death of her father under O.C.G.A 51-4-2, the Georgia wrongful death statute. Her father was married at the time of his death but had been separated and estranged from his spouse. The estranged spouse did not file a wrongful death claim on behalf of her husband due to their separation, which prevented the petitioner from accessing the court to file her claim. Therefore, the petitioner had to bring the claim herself to prevent it from being time-barred by the two-year statute of limitations.
Montana Birth Injury Supreme Court Opinion
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 OB/GYN on call examined the patient’s prenatal records and found nothing significantly noteworthy. An attending nurse placed an electronic fetal heart rate monitor (EFM) on the woman’s abdomen, producing a fetal heart rate (FHR) record in relation to her contractions. This data can indicate whether the fetus is sufficiently oxygenated or at risk of hypoxic brain injury due to low oxygen supply.
Average Medical Malpractice Award in Oklahoma
Oklahoma’s average malpractice award payment is $230,787. The national average is $285,218. Other personal injury cases in Oklahoma are more reasonable. So what is the problem with malpractice cases?
There is no problem. There WAS a problem. Oklahoma Statutes Section 23-61.2 limits non-economic damages to an extremely harsh cap of $350,000. The Oklahoma Supreme Court wisely overturned this law. But cap – the expectation of it passing – and the uncertainty surrounding it has a chilling impact.
Malpractice Settlements and Verdicts in Oklahoma
Montana Personal Injury Law and Settlements
In this post, we will provide an overview of the law of personal injury in Montana. We will also provide summaries of recent jury verdicts and publicly reported settlements in Montana injury cases.
Montana 3-Year Statute of Limitations in Injury Cases
Like all states, Montana has a strict deadline for how long a plaintiff can wait before filing a civil lawsuit. This law is known as a statute of limitations. If the plaintiff does not file their case before the statute of limitations expires, they will lose their right to sue.
Montana Informed Consent Law
In an unreported opinion last month, the Supreme Court of Montana decided an appeal of an order granting a motion for judgment as a matter of law in favor of a doctor in Yellowstone County. The court found that the patient failed to present expert testimony that the doctor breached the standard of care in obtaining informed consent before performing surgery.
- Montana Supreme Court’s ruling in a birth injury case in 2023
Facts of Greene v. McDowell
New Second Circuit Sex Abuse Opinion
The Second Circuit ruled today in Edwardo v. The Roman Catholic Bishop of Providence that sexual misconduct committed by a Catholic priest from another state during a work-related trip does not establish the jurisdiction of Rhode Island parish under New York law.
The case is about a man who was tragically sexually abused and exploited between 1978 and 1984, when they were 12 to 17 years old, by a now-deceased priest from Rhode Island. The plaintiff sued the Roman Catholic Bishop of Providence, a church corporation in North Providence, and a retired bishop for various torts based on the defendants’ alleged role in enabling the abuse. The U.S. District Court for the Southern District of New York dismissed the lawsuit for lack of personal jurisdiction, finding that New York’s long-arm statute did not permit the court to exercise personal jurisdiction over the defendants. The plaintiff appealed to the Second Circuit.
Why sue in New York in the first place? New York had a window that allowed sexual abuse claims that Rhode Island did not. Rhode Island extended its civil statute of limitations in 2019 for child sexual abuse cases. Under the new law, victims generally have until they reach the age of 53 to file a lawsuit against their abuser or the institution that enabled the abuse. This is a significant extension from the previous limit, which allowed victims only up to 7 years after turning 18 to file a lawsuit. It is unclear how the timing of this played out for this case but the case was originally filed in Rhode Island and dismissed as time-barred. So New York was the only option plaintiffs had and that mean hoping New York would assert jurisdiction.
Sample Minnesota Birth Injury Lawsuit
Below is an example of a Minnesota birth injury lawsuit, which outlines the facts of the case, the allegations of negligence, and the causes of action against the defendant in a shoulder dystocia birth injury claim.
Birth Injury Lawsuit
IN THE DISTRICT COURT COUNTY OF HENNEPIN, STATE OF MINNESOTA
Massachusetts Hospital Malpractice Verdicts and Settlements
Let’s take a look at hospital malpractice verdicts and settlements in Massachusetts in recent years. I’m writing this on March 31, 2021 so we do not have a ton in recent years.
Why? Hospitals in Massachusetts — or anywhere — are usually not racing to the courthouse steps to try cases. They have too much in PR and goodwill to risk a loss so they settle the good cases they could lose.
$2,750,000 Verdict (Massachusetts 2019): A man underwent a coccygectomy at Massachusetts General Hospital. Following the procedure, he suffered a wound infection. The man subsequently developed osteomyelitis, recurring anal fistulas, pudendal neuralgia, sexual dysfunction, and rectal and urological problems. He alleged that the surgeon’s negligence caused these permanent injuries. The man claimed he failed to recognize infection signs, order additional testing, and provide follow-up monitoring. He also made a vicarious liability claim against MGH. The defense denied liability. A Boston jury awarded $2,750,000.
Minnesota Birth Injury Medical Malpractice Lawsuits
Our law firm handles birth injury cases all over the country. We recently picked up a new case in Minnesota. I think we can really help this child and this family.
In every state, we research the law and talk to local counsel. When our lawyers take a Minnesota birth injury case, we hire local lawyers in Minnesota to help. Does that cost the client more? It does not. It comes out of our fee when the case settles. So families get two lawyers for the price of one.
I thought it would be a good idea to publish our research. If others had put their research online, it would have made our job a lot easier.