Civil Practice: Recusal-Medical Malpractice Action
Where a plaintiff, who brought a medical malpractice action against healthcare providers after her small bowel was perforated during surgery, sought a new trial, arguing that the trial judge should […]
Defense experts ‘tipped the scale’ in med mal case
A federal judge in southeast Missouri rejected the medical malpractice claims of a 61-year-old man who sued a pair of physicians and the doctors’ employers after developing an infection following spinal fusion surgery.
Novel bill attempts to restore med mal caps
Can you change a constitutional right without actually amending the constitution? Sponsors of a bill under consideration in a Missouri Senate committee are trying to find out.
Negligence: Medical Malpractice – Failure To Diagnose – Breach Of Contract
Kaplan v. Mayo Clinic, et al. (MLW No. 62714/Case No. 09-2493/10-2290 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)
Negligence: Medical Malpractice – Health Care Affidavit – Failure To File
State ex rel. Gary W. Farley and Northland Orthopedic Group (MLW No. 62578/Case No. ED96966 – 5 pages) (Missouri Court of Appeals, Eastern District, Ahrens, P.J.)
Medical Malpractice: Statute of Limitations – Continuing Care
Norman v. Lehman (MLW No. 62512/Case No. ED95661 – pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.)
Medical Malpractice: Wrongful Death – Statute of Limitations – Misnomer
State of Missouri ex rel. Holzum v. Schneider (MLW No. 62473/Case No. SC91434/SC91418 – 9 pages) (Missouri Supreme Court, Wolff, J.)
The federal budget: What lawyers need to know
President Barack Obama's 216-page budget request contains numerous items for lawyers to keep an eye on as the budget works its way through Congress.
Buried in the budget: health courts
Buried in the White House’s federal budget plan is a proposal to encourage states to reform their medical malpractice laws.
Tort: FTCA – Inmate Action – Premises Liability
Mackovich v. U.S. (MLW No. 61745/Case No. 10-1903 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Negligence: Medical Malpractice – New Trial Grant – Standard Of Review
Forester v. Clarke (MLW No. 61701/Case No. SD30105 – 4 pages) (Missouri Court of Appeals, Southern District, Bates, J.)
Fired doctor gets to seek punitives
An appeals court has given a Kansas City doctor another chance to win punitive damages against an employer that tried to classify him as an independent contractor to save on health care costs.
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