Last month, a Virginia appellate court issued a written opinion in a personal injury case illustrating how diligent and precise Virginia medical malpractice plaintiffs must be when filing their complaint. The case required the court to determine if the jury’s verdict in favor of the plaintiff should be upheld when…
An issue that often comes up in Virginia medical malpractice cases is whether the treating doctor adequately warned the patient of the risks associated with a given course of treatment. Earlier this month, an Oklahoma appellate court issued an interesting opinion in a medical malpractice case involving the information that…
Earlier this month, a state supreme court issued an interesting opinion in a medical malpractice case highlighting the importance of complying with the rules of pre-trial discovery. The case presented the court with the opportunity to determine whether the testimony of a witness should be allowed when the plaintiff plans…
Medical malpractice cases are some of the most complex and confusing types of personal injury cases. In fact, most medical malpractice cases require an understanding of the medical field beyond what most lawyers and judges possess. For this reason, Virginia lawmakers have implemented a requirement that all medical malpractice plaintiffs present…
To help combat the increasing demand on the court system, court have implemented a series of strict rules that plaintiffs must follow in order to have their case heard in a timely manner. There are various types of rules, and the penalty for the violation of a rule depends on which type…
After undergoing a procedure to have an intrauterine device (IUD) implanted, a woman filed a lawsuit against her doctor for battery. The woman argued that her doctor failed to obtain her informed consent prior to the procedure, since she later discovered that the IUD she had received was not approved by…
Earlier this month, the Supreme Court of Idaho issued a written opinion in a medical malpractice case, affirming the dismissal of the case because the plaintiff failed to name the proper parties within the relevant statute of limitations. In the case, English v. Taylor, the court decided that the filing…
Earlier last month, a State Supreme Court issued an opinion reversing the lower court’s dismissal of a plaintiff’s claim, based on the fact that the plaintiff failed to comply with the procedural requirements of a medical malpractice claim under the state’s laws. In the case, Galvan v. Memorial Hermann Hospital…