Articles Tagged With: Malpractice
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Virginia Appeals Court Vacates $2.5 Million Verdict Over Omitted Jury Instruction
A Virginia appellate court has overturned a $2.5 million medical malpractice verdict after finding that the trial judge erred by refusing to instruct the jury on the doctrine of superseding cause. The opinion underscores how critical jury instructions are in shaping negligence cases and highlights the continuing importance of foreseeability in determining legal causation.
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NJ Appeals Court Affirms Full Liability for Surgeon Despite Shared Fault
A New Jersey appellate court has affirmed a trial court’s ruling that a surgeon found 60% at fault in a patient’s death must pay the entire $1.6 million verdict. The decision underscores how the state’s Comparative Negligence Act imposes full responsibility on defendants whose share of fault meets or exceeds 60%, even when other medical professionals are partly to blame.
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Plaintiff’s Expert Not Qualified in Facelift Malpractice Suit in Texas
A Texas appeals court has reversed a trial judge’s decision to let a facelift malpractice case proceed, ruling that the plaintiff’s chosen expert, a board-certified anesthesiologist, was not qualified to testify about the standard of care for a cosmetic surgeon or a surgery center. The decision underscores a critical point in medical malpractice litigation: that an expert’s qualifications must align with the type of care at issue. Simply holding a medical license or certification is not enough.
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Texas Appeals Court Tosses Malpractice Case Over Defective Expert Report
A Texas appellate court has thrown out a surgical “foreign object” malpractice suit after concluding the plaintiff’s expert report failed to comply with the Texas Medical Liability Act. The Fourth Court of Appeals held that the plaintiff’s report did not implicate the specific physician alleged to be negligent and therefore amounted to “no report” as to that doctor. The court reversed the trial court’s order denying dismissal and remanded the case with instructions to dismiss the claims against the physician with prejudice and award fees and costs — as the statute requires.
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$17.1M Awarded to Family of Deceased Infant
In a verdict underscoring both the effects of obstetrical malpractice and the breadth of damages Illinois juries may award in wrongful death cases, a Macon County jury has returned a $17.1 million judgment in favor of a family whose infant son died nine months after a traumatic delivery.
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Washington Court Upholds $13M Malpractice Verdict Against Cosmetic Surgeon
A Washington appeals court has upheld a $13 million jury verdict against a plastic surgeon accused of botched cosmetic procedures and deceptive business practices, marking one of the state’s more notable malpractice rulings in recent years. The panel rejected the defense’s claims that improper evidence tainted the trial, instead finding that the outcome was supported by substantial evidence and that no reversible error occurred.
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Court Upholds Record $207 Million Malpractice Verdict
In July 2025, an appellate court unanimously affirmed a record-breaking medical malpractice judgment of $207 million against a hospital for catastrophic birth injuries. The case involved a newborn who sustained severe brain damage leading to cerebral palsy and profound lifelong disabilities after a mishandled delivery at the hospital. A jury had awarded $183 million (later increased to $207 million with delay damages) for the child’s future care needs and pain and suffering. On appeal, the hospital argued that the verdict was exorbitant and unsupported, but the appellate court held that the award did not “shock the conscience” in light of the trial evidence.
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Jury Awards $20 Million in Fatal Surgery Malpractice Case
A jury awarded $20 million to the estate of a 68-year-old patient who died following what was supposed to be a routine abdominal surgery. The three-week trial revealed that the patient experienced internal bleeding during a sigmoid colon resection, but neither the hospital’s surgeons nor the anesthesia group recognized or adequately responded to it. By the time action was taken, the patient had entered hemorrhagic shock and could not be revived.
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Hospital Wins Dismissal After Expert Nurse Excluded in Neonatal Injury Suit
In a professional negligence case, an appellate court affirmed summary judgment in favor of a healthcare provider after the plaintiffs failed to present admissible expert evidence on both breach of care and causation.
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Failure to Match Board Certifications Leads to Malpractice Case Dismissal
In a medical malpractice case, an appellate court affirmed the dismissal of a wrongful death claim against a critical care physician because of the plaintiff’s failure to submit a compliant affidavit of merit.