Showing all results for category “medical malpractice”

SCOTUS Rules State Med Mal Affidavit of Merit Laws Don’t Apply In Federal Court

Melinda Kollross analyzes the U.S. Supreme Court’s unanimous ruling that Delaware’s medical malpractice affidavit-of-merit requirement cannot be enforced in federal court because it conflicts with Rule 8 of the Federal Rules of Civil Procedure. Justice Barrett wrote that Rule 8 allows plaintiffs to start a case with factual allegations—not evidence—making Delaware’s early expert-affidavit mandate incompatible. The decision resolves a circuit split and reinforces uniform federal pleading standards

Mara Goltsman Obtains Summary Judgment for Nursing Home Client

Congratulations to Mara Goltsman on obtaining summary judgment in a New York medical malpractice/wrongful death suit filed on behalf of a deceased nursing home patient. The court found that the nursing home rendered appropriate treatment and did not commit malpractice.

Goltsman and Ghosn Obtain Dismissal Of Covid Death Claim

Congratulations to partner Mara Goltsman and associate Josef Ghosn on obtaining dismissal of a case pending in Supreme Court Kings County where the plaintiff claimed that her disabled son died at a nursing home due to Covid. The court dismissed the wrongful death and medical malpractice claims based on the expiration of the statute of limitations. The court dismissed the negligence claim because it was filed before plaintiff was legally appointed as the administratrix of her son’s estate and, as such, she lacked the legal capacity to sue.

Goltsman Obtains Dismissal of Nursing Home Lawsuit

Clausen Miller partner Mara Goltsman of our New York office has obtained dismissal of a nursing home lawsuit based on procedural grounds.

Illinois Supreme Court Permits Fetal Wrongful Death Claims Against Physicians Where The Death Resulted From A Subsequent Lawful Abortion

by Scott R. Shinkan

The Illinois Supreme Court held in Thomas v. Khory, M.D. et al., 2021 IL 126074, that section 2.2 of the Wrongful Death Act, 740 ILCS 180/2.2,

SIDEBAR – No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr., 2021 IL 126748

by Melinda S. Kollross

In Gretencord-Szobar, 2021 IL App (3d) 200015, this author defended a medical malpractice defense verdict in the Illinois Appellate Court, Third District, against plaintiff’s argument that a new trial should have been ordered because the trial court refused to give a non-IPI jury instruction explaining the lost chance doctrine to the jury.

CM Report of Recent Decisions – 2021 Volume 4

No Chance For A Non-IPI Instruction On The Lost Chance Doctrine In Medical Malpractice Actions After Gretencord-Szobar v. Kokoszka, 2021 IL App (3d) 200015 and Bailey v. Mercy Hospital and Medical Ctr.

Proximate Cause Lacking in Opioid Addiction Case Against Pain Management Physician Absent Expert Testimony from an Addictionologist

In a split decision, the Illinois Appellate Court, First District holds that a medical malpractice plaintiff failed to prove proximate cause against a pain management physician where there was no evidence from an addiction expert connecting the defendant’s failure to identify the patient’s opioid addiction and her death/suicide by acetaminophen overdose.

CM Report of Recent Decisions – 2018 Volume 4

Ohio Supreme Court Holds That Defective Subcontractor Work Is Not An “Occurrence”

In Ohio Northern University v. Charles Construction Services, Inc., Slip Opinion No. 2018-OHIO-4057, the Supreme Court of Ohio held that there was no duty to defend a policyholder,

If At First You Don’t Succeed: Wisconsin Supreme Court Approves Caps In Med Mal Cases

Life is about many things, and one of the most important is perseverance. Walt Disney went bankrupt several times before he built Disneyland. He passed on a cartoonist named Charles Schultz, who eventually did alright drawing a group of kids and a dog named Snoopy.