Helping You Put Your Life Back On Track After A Serious Injury
Last month, an appellate court in Maryland issued a written opinion in a medical malpractice case that required the court to determine if evidence of the alleged negligence of several non-parties should have been admitted at trial. Ultimately, the court concluded that the alleged negligence of the non-parties was properly admitted because it was required to give the defendant doctor a…
Earlier last month, an appellate court in California issued a written opinion in a medical malpractice case upholding a lower court’s decision to grant the plaintiff a new trial after newly discovered evidence showed that the defendant may be liable for her loved one’s death. In upholding the lower court’s decision, the court denied the defendant’s argument that the plaintiff’s…
All personal injury cases are subject to a statute of limitations. Statutes of limitations lay out the time frame in which a plaintiff needs to file their case. If a case is filed after the statute of limitations, it will be dismissed by the court as untimely unless an exception applies. Medical malpractice cases in particular are subject to generally shortened and…
Earlier this month, one state’s appellate court discussed and adopted the “continuing course of treatment” doctrine in the context of a medical malpractice case. In the case, Parr v. Rosenthal, the court determined that it would adopt the doctrine, but it held that the specifics of the case at issue prevented the doctrine from being applied to extend the statute of…
Earlier last month, an appellate court issued a written opinion in a car accident case brought by a man who was injured by an on-duty paramedic on his way to the scene of an accident. The case, Aldana v. Stillwagon, presented the issue of whether a case involving a regular traffic accident caused by an on-duty paramedic should be considered a…
Earlier this month, an appellate court in Idaho issued a written opinion affirming a jury’s verdict in favor of a man who lost his wife to a serious infection after undergoing a procedure at the defendant’s cosmetic clinic. In the case, Ballard v. Kerr, the court dismissed the defendant’s approximately 20 claims of error and affirmed the jury’s verdict below.…
Personal injury and medical malpractice cases are subject to a maximum amount of time that a plaintiff can wait before bringing the lawsuit. This amount of time is outlined in what is called a statute of limitations. There are several types of statutes of limitations, and determining which statute of limitations applies in any given case is not always straightforward.…
Medical malpractice and personal injury lawsuits go through several phases before the case is submitted to a jury at trial. Two of the most important pre-trial phases are the discovery phase and the summary judgment stage. The discovery phase is where the parties exchange relevant information to the case that the opposing party may not have or know to exist.…
Indiana’s state legislature has proposed an increase in the state’s cap on medical malpractice payments. The proposed bill would increase the state’s limits on how much compensation malpractice victims can receive. The new bill would increase the limit to $1.65 million. According to one new source, if passed, the increase would be the first in 17 years. In addition, the bill would…
Earlier this month, the Supreme Court of Texas decided the case of Galvan v. Memorial Hermann Hospital System, in which the court determined that the slip-and-fall accident that injured the plaintiff, although occurring at a hospital, was not subject to the expert requirement of medical malpractice lawsuits. The Facts of the Case In the case, Galvan v. Memorial Hermann Hospital System,…