In a recent case, a plaintiff who was receiving treatment at a hospital was injured as he was being moved on a gurney within the hospital by medical personnel. While the plaintiff was being transferred, the gurney tipped over, and he suffered fractures as a result. The plaintiff filed a…
Articles Posted in Medical Malpractice Case Law
State Court Adopts Continuing Course of Treatment Doctrine, Potentially Extending Statute of Limitations in Some Medical Malpractice Cases
Earlier this month, a Massachusetts court issued a written opinion in a medical malpractice case adopting the continuing course of treatment doctrine. The continuing course of treatment doctrine acts to toll the statute of limitations in medical malpractice cases while the defendant is still providing medical care for the plaintiff.…
Woman Allowed to Present Expert from Mexico in U.S. Medical Malpractice Case
In a recent case in front of a state appellate court, a woman filed a medical malpractice lawsuit after she was treated for a condition known as thoracic outlet syndrome. The illness caused her extreme pain around her shoulder and in her arm and also caused her numbness, swelling, and…
Woman Fails to Provide Required Notice in Medical Malpractice Claim, Resulting in Dismissal
In a recent case, a medical malpractice plaintiff had his case dismissed based on a procedural error. A boy was born prematurely by an emergency C-section surgery, and then he was transferred to the neonatal intensive care unit. He stayed in the unit for two months and was then discharged…
Expert Witness in Medical Malpractice Claim May Testify Even if Board Certification is Expired, Court Holds
In a recent case, a man filed a medical malpractice claim for an allegedly negligent surgery after the procedure left him with a fractured ankle. The man broke his ankle while repairing his truck and had to undergo surgery as a result. Soon afterward, the man underwent an additional surgery, allegedly…
Experts in Medical Case Allowed to Testify Regarding Cause of Death Even Though There Were Multiple Causes
Medical malpractice cases are extremely complicated because they involve a highly specialized knowledge of medicine and medical care. In a recent case, a medical malpractice claim was filed against a woman’s doctors after she died while in their care. The woman went to the emergency room at a hospital to…
Nurse Escapes Liability Due to Sovereign Immunity
We all depend on medical professionals to take care of us while we are in the hospital. However, what we may not realize is that some hospitals can escape liability just because the hospital is operated by the state. In a recent case, a man had surgery to reconstruct the…
Military Family Sues Hospital for Administering Drug to which the Mother was Allergic
The birth of a new baby is an exciting time. However, most often mothers and babies are at the mercy of the hospital or medical provider where they are receiving care during the birth. They rely on the medical staff to care for them and to make sure that everything…
Damages Caps in Medical Malpractice Cases Are Unconstitutional in Illinois
In a landmark 2010 case, the Illinois Supreme Court decided that a cap on non-economic damages in medical malpractice cases is unconstitutional. In the case, the plaintiffs, a minor and her mother, sued a doctor and hospital for medical malpractice, alleging that the defendants’ negligence caused the daughter to suffer…
Illinois Wrongful Death Cases Based on Medical Malpractice Must Be Brought within Two Years of Death
Earlier this year, an Illinois appellate court decided a case holding that the time of accrual for a wrongful death action based on the legal theory of medical malpractice is the time of death, rather than the time the alleged negligence was discovered. In the case, Moon v. Rhode, the…