Close

Articles Posted in Medical Negligence

Updated:

Consumer Protection Act Applies Against Doctors

The Kansas Supreme Court has stated that a patient injured as a result of alleged medical negligence can file suit under the state’s consumer protection act. The patient , Williamson, alleged that the defendant doctor "represented that the surgery he was recommending had a high likelihood of successfully relieving her…

Updated:

Plaintiff’s Expert Excluded in Med Mal Case

Plaintiff filed an affidavit from an expert witness in opposition to a motion for summary judgment in a medical negligence case.  The expert – from UAB in Birmingham – explained that he understood the standard of care in Memphis because of the following: 2. I am familiar with the standard…

Updated:

2006 Tennessee Med Mal Claims Report Released

The Tennessee Department of Commerce and Insurance has released the "2006 Tennessee Medical Malpractice Claims Report"" which, in fact, is based on 2005 data.  Read the entire report here. Some highlights: *  There were  5 – that’s right – 5 – claims were resolved by judgment for the plaintiff in…

Updated:

GA Court Answers Evidence Question

The Georgia Supreme Court was confronted with this question:  "In what circumstances, if any, is evidence of a nurse’s failure to pass a licensing  examination admissible in a medical malpractice action against the employing physician?" Plaintiffs’ son Luke was diagnosed with bacterial meningitis resulting in brain damage and quadriplegia. Plaintiffs claimed…

Updated:

Important Decision on Expert Witnesses

The Florida Supreme Court has released an important decision on testimony by expert witnesses. Plaintiff’s counsel sought an order prohibiting a defendant’s expert from testifying that he relied on consultations with colleagues or other experts in forming his opinions.   The Florida high court said  "that such testimony is inadmissible because…

Updated:

Sidewalk, Not Curbside, Consultation

Do you remember   Kelley v. Middle Tennessee Emergency Physicians, P.C., 133 S.W.3d 587 (Tenn. 2004), when the defendant tried to claim that he owed no duty to the plaintiff because he was not the plaintiff’s regular doctor?   The defendant was called by the emergency room doctor and gave the doctor advice that allegedly…

Contact Us