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Medical Malpractice Claims
There can be no absolute guarantees in regards to medical procedure outcomes. Some results may be unavoidable or unexpected and, even though the results were negative and the patient was injured, they were not due to medical malpractice. A health care professional must have been negligent in treating the patient for an injury (or undesired outcome) to be malpractice. Negligence may be due to the medical worker’s actions or inactions and that behavior must have failed to meet industry standards. The plaintiff (injured party) is responsible for proving his or her case to the court and establishing that medical malpractice occurred. If you think you may have been a victim of medical malpractice, it is important to speak to a knowledgeable personal in jury attorney in your area evaluate your circumstances and help you determine if you have a medical malpractice claim.
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My Elderly Relative was Injured While Residing in a Nursing Home, What Can I Do?
If your loved one has been injured while living in a nursing home facility, he or she has the right to bring a legal action for damages. You may also bring a claim on your loved ones behalf, if he or she is not able to do so. You may have different legal claims depending on the situation and type of injury your loved one has suffered. Most often, a personal injury claim against a nursing home will be based on the theory of negligence. Depending on the factual situation, some negligence claims may include negligent hiring of employees, building and/or equipment maintenance or neglect in resident care. If your loved one has been injured by a staff member, you (or your relative) may also have claims of assault and battery.
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Case Summaries
[06/25]
Crescent Towing & Salvage Co. v. Chios Beauty MV
In an action for damages sustained when defendant's ship collided with plaintiffs' barges and tugboats during Hurricane Katrina, partial judgment for plaintiff is affirmed in part where the district court did not clearly err in its finding of a predicted "direct hit" on New Orleans by the hurricane, its factual findings based on this finding, and the ultimate finding of negligence to the extent that it relied upon this finding. However, the matter is remanded where the district court needed to enter an order setting the total amount of recovery plaintiffs could recover in rem.
[06/25]
Bagby Elevator Co. v. Schindler Elevator Corp.
In an action for tortious interference with contract, judgment for plaintiff is affirmed where: 1) under the court's highly deferential standard of review, there was no reversible error in the district court's decision to use the pattern jury instruction; 2) there was sufficient evidence of both malice and gross negligence to support an award of exemplary damages; and 3) there was ample evidence of causation to support the verdict.
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