In a recent case from the Supreme Court of California, the case was tried before a jury, and jurors returned what is known as a special verdict. A normal verdict form is simply one that asks if the defendant is liable or not, and if the defendant is liable, then the…
In Parr v. Rosenthal, a case from the Massachusetts Supreme Judicial Court, the plaintiffs had filed a medical malpractice case against the defendants in the Superior Court. In the Commonwealth of Massachusetts, The Supreme Judicial Court (SJC) is our state supreme court and the Superior Court is our highest level…
In Baptist Ventures, Inc. v. Hoke, a personal injury appeal for the Supreme Court of Alabama, plaintiff was allegedly injured as a result of medical treatment she received from the defendants. The defendants in this case run an Ear Nose and Throat (ENT) medical practice. Plaintiff was a patient of…
When a soon-to-be mother went to the hospital at 2 a.m., her pregnancy full-term, she knew something wasn’t right. Her baby boy wasn’t moving as he had in the days and hours before. But when she got there, student resident doctors at The University of Chicago Medical Center didn’t take immediate…
In Boston medical malpractice cases, sometimes the term “never events” gets thrown around. It’s a reference to the types of medical errors that health professionals agree should never happen. And yet, they do. Some examples: Retained surgical instruments (surgical tools, sponges, etc. being left inside a patient after a procedure);…
Sharkey Issaquena Community Hospital v. Anderson, a case from the Supreme Court of Mississippi, involved a patient who had a stroke and was seen at defendant’s emergency room. However, plaintiff contends that hospital did not properly diagnose the stroke and discharged him with instructions to see his primary care physician…
Harrison v. Roitmanm involved a heavily contested divorce proceeding. As part of his case, husband hired a psychiatrist as an expert to provide a psychiatric analysis of his wife. Even though the doctor had never personally examined or even met plaintiff, the doctor submitted a written report to the judge…
In the Commonwealth of Massachusetts, there are negligence-based torts and intentional torts. A negligence tort is the most common type of claim filed in a civil personal injury lawsuit. This is when a defendant is alleged to have owed a duty of care to plaintiff, breached this duty of care,…
Davis v. S. Nassau Communities Hospital, a case from the New York Court of Appeals, involved a patient who went to defendant’s emergency room for treatment for a painful medical condition. Court records indicate that she drove herself to the hospital. When she arrived and was treated by doctors, she…
Brandner v. Pease, a case from the Supreme Court of Alaska, involved a plaintiff who suffered a heart attack in late 2009. He was admitted to a local hospital to undergo an emergency bypass operation. A doctor and an anesthesiologist took part in the surgery. The plaintiff also happened to…