Posts Tagged ‘summary judgment’
When a Patient’s Medical History Becomes the Malpractice Defense
A patient checked no to prior anesthesia problems and died after sedation. The providers blamed her for not disclosing it. In Oglesby v. Unnamed Physician, the Indiana Court of Appeals said the records did not prove the complication ever happened.
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When a Retained Surgical Item Does Not Speak for Every Defendant
A suturing needle was left in a knee replacement patient, and the Kentucky Supreme Court still reinstated summary judgment for the radiologists and the surgical assistant. What Diagnostic X-Ray Physicians v. Lloyd means for retained object cases and expert planning.
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“Don’t Cut Me”: Why a Withdrawn-Consent Claim Still Needs a Medical Expert
A patient told her obstetrician to stop. The Mississippi Supreme Court still threw out her battery claim because she had no medical expert. Tracy Liberatore, Esq. on what Brown v. Davey-Sullivan means for consent cases on both sides of the courtroom.
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