Personal Injury & Malpractice

Cap on noneconomic damages in Medical Malpractice Case was unconstitutional

In Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010), the Georgia Supreme Court considered whether arbitrary limits to…

3 years ago

Harmon v. St. Augustine Manor, 2007 U.S. Dist. LEXIS 25504 (N.D. Ohio 2007)

Plaintiff filed a malpractice and wrongful death action against the nursing home and other defendants alleging that resident's death was…

4 years ago

Bartholomew v. Wis. Patients Comp. Fund, 2006 WI 91 (Wis. 2006)

A jury awarded $500,000 to the resident's estate for noneconomic damages for predeath pain and suffering, $350,000 to the spouse…

4 years ago

Buie v. Mariner Health Care, Inc., 2006 U.S. Dist. LEXIS 94139 (D. Miss. 2006)

Buie filed a wrongful death action after resident's death. Buie signed an agreement for arbitration on the line for a…

4 years ago

Williams v. Nat’l Heritage Realty Inc., 2006 U.S. Dist. LEXIS 39889 (D. Miss. 2006)

A wrongful death case was removed to federal court on diversity grounds. Defendants alleged fraudulent joinder. Plaintiff's motion to remand…

4 years ago

Diaz v. PARCC Health Care, 2006 Conn. Super. LEXIS 286 (Conn. Super. Ct. 2006)

Suit was brought in the name of a deceased nursing home resident for negligence and carelessness, alleging violations of 42…

4 years ago

Riverside Hosp., Inc. v. Johnson, 272 Va. 518 (Va. 2006)

In this hospital fall case, after a jury returned a verdict for the estate, Defendants appealed four evidentiary rulings. First,…

4 years ago

Alston v. Britthaven, Inc., 628 S.E.2d 824 (N.C. Ct. App. 2006)

"Plaintiff presented expert medical testimony that the cause of Mr. Alston's death was septicemia, or an infection which entered into…

4 years ago

Estate of Githens v. Bon Secours – Maria Manor Nursing Care Ctr., Inc., 928 So. 2d 1272 (Fla. 2nd DCA 2006)

Plaintiff, the estate of a 92 year old resident sued for neglect. The resident was wheelchair bound and had Parkinson's,…

4 years ago

Jenkins v. Pensacola Health Trust, Inc., 933 So. 2d 923 (Miss. 2006)

Summary judgment was affirmed in part and reversed in part. The statute of limitations for underlying acts of negligence applies…

4 years ago