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Although a surprise witness is a common theme on TV and in movies, a surprise witness at a trial is rare. Generally, parties are required to disclose their witnesses before trial, and often courts do not allow surprise witnesses to testify. The idea is that prior to trial, all of the parties know generally what…

Recently, the Supreme Court of Mississippi remanded a negligence case back to the trial court for a new trial after the court determined that the trial court allowed improper expert witness testimony and an improper closing argument. The case stemmed from a 2008 incident in which a woman who was in a nursing home fell…

Recently, a California appellate court released its opinion regarding a medical malpractice lawsuit stemming from a 2012 accident. According to the court’s recitation of the facts, the plaintiff was a patient at the defendant hospital, and he was being transferred by an ambulance agency, another named defendant. During the transfer, the gurney tipped over,…

An Illinois court recently published an opinion reversing a lower appellate court’s ruling in favor of the defendant in a medical malpractice and wrongful death claim. The plaintiff’s claim had been dismissed by the district court because it was filed after the statute of limitations for medical malpractice claims appeared to have run. The…

The Supreme Court of Idaho recently released an opinion that affirmed a jury’s award of nearly $4 million to a plaintiff, based upon allegations that his wife’s death was caused by a liposuction procedure that was negligently performed by the defendant. The defendant had appealed the verdict, based in part on allegations that the…

A state appellate court recently published an opinion in a medical negligence case stemming from a 2011 surgery. The case was brought by a couple after the wife underwent surgery at a local hospital and subsequently suffered a stroke. Approximately two years after the surgery, the couple brought a claim against the manufacturer of the medical device…

Earlier this month, a Pennsylvania appeals court heard and affirmed a $3 million verdict against a subsidiary of Johnson and Johnson arising from a product liability case. The lawsuit stemmed from an incident in which a child suffered severe birth injuries after the mother was prescribed and took a migraine medicine during her pregnancy. According…

An appellate court released an opinion in a medical malpractice claim brought by the estate of an individual who died while in the care of a hospital. In the case, a man was admitted into the hospital after complaining of severe right side pain. He was given narcotic pain medication but had a bad reaction to it,…

The Supreme Court of Hawaii recently released an opinion addressing a physician’s duty to disclose information to a patient. The opinion stemmed from a 2008 incident when the plaintiff suffered a lower back injury at work and sought treatment from his primary care doctor. The plaintiff was given conservative treatment, and when that did…

Late last month, the Supreme Court of the State of Idaho released their opinion regarding a medical malpractice claim stemming from treatment received by a 15-year-old in 2011. Apparently, the young woman was swimming at a YMCA when she fell from a floating structure. She was rushed to the hospital and was treated by…