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45 results for '* topic:"Medical Malpractice"' You can use Search Constraints to get even better search results
Publication Date: 2024-11-19
Practice Area: Medical Malpractice
Industry: Health Care | State and Local Government
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Raj Srivatsan, The Igwe Firm, Wilmington, DE for plaintiffs.
for defendant: Lindsey E. Imbrogno, Balaguer, Milewski, & Imbrogno LLP, Wilmington, DE for defendants.
Case Number: N21C-05-082 VLM
Court dismissed plaintiffs' defamation claim, finding that medical providers were entitled to immunity as mandatory reporters under the Child Abuse Prevention Act as plaintiffs failed to overcome the presumption that the providers filed reports with Division of Family Services in good faith.
Publication Date: 2024-03-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Lugg
Attorneys: For plaintiff: Michael Mongeluzzi, Joseph DeAngelo, Barrett DeAngelo, LLC, West Chester, PA; Linda Malkin, Kimmel Carter Roman Peltz & O’Neil, P.A., Wilmington, DE for plaintiff.
for defendant: Joseph Drnec, Phillip Casale, Wharton Levin Ehrmantraut & Klein, P.A., Wilmington, DE; Bradley Goewert, Thomas Marcoz, Marshall Dennehey, P.C., Wilmington, DE for defendants.
Case Number: N20C-09-182 SPL
Although expert testimony established nurses' deviation from the applicable standards of care, they were entitled to summary judgment when plaintiff's experts could not opine with reasonable medical certainty that their deviation proximately caused plaintiff's injury.
Publication Date: 2024-03-04
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Brennan
Attorneys: For plaintiff: Joshua J. Inkell, Daniel P. Hagelberg, Hudson, Castle & Inkell, LLC, Wilmington, DE for plaintiffs.
for defendant: Louis J. Rizzo, Reger Rizzo & Darnall LLP, Wilmington, DE; Francis J. Deasey, Matthew J. Junk, Deasey Mahoney & Valentini, Ltd., Philadelphia, PA for defendants.
Case Number: N22C-08-118 DJB
Healthcare power of attorney granting attorney-in-fact authority to contract for healthcare services on behalf of the principal was sufficient to confer authority for attorney-in-fact to sign arbitration agreement as part of principal's admission paperwork for skilled nursing facility.
Publication Date: 2023-11-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC., Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmentraut & Klein, P.A., Wilmington, DE for defendant.
Case Number: K22C-03-017 JJC
The court applied the "sham affidavit doctrine," finding that plaintiff's expert's affidavit submitted with its opposition to defendant's motion for summary judgment contradicted the expert's prior deposition testimony and was submitted for the sole purpose of defeating an otherwise appropriate summary judgment motion and that no adequate explanation of the contradiction was provided.
Publication Date: 2023-08-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Raj Srivatsan, McGivney, Kluger, & Cook, P.C., Wilmington, DE for plaintiff.
for defendant: Dawn C. Doherty, Brett Thomas Norton, Marks, O’Neill, O’Brien, Doherty & Kelly, P.C., Wilmington, DE for defendants.
Case Number: 22-1370-RGA
Court dismissed survival and wrongful death action filed in federal court for lack of subject matter jurisdiction where decedent had same citizenship as defendants, destroying complete diversity.
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Publication Date: 2023-05-30
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, LLC, Dover, DE for plaintiff.
for defendant: Geoffrey G. Grivner, Kody M. Sparks, Andrew G. Hope, Buchanan, Ingersoll & Rooney, P.C., Wilmington, DE; Joshua T. Calo, Buchanan, Ingersoll & Roonery, P.C., Pittsburgh, PA for defendant.
Case Number: K22C-07-014 NEP
Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.
Publication Date: 2023-04-25
Practice Area: Medical Malpractice
Industry: Health Care | Recruitment and Staffing
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE for plaintiff.
for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmantraut & Klein, Wilmington, DE; John A. Elzufon, Matthew Donelson, Elzufon, Ausstin & Mondell, P.A., Wilmington, DE; Maria R. Granaudo Gesty, Burns White LLC, Wilmington, DE for defendants.
Case Number: K21C-02-029-JJC
Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.
Publication Date: 2023-03-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: Bruce L. Hudson, Joshua J. Inkell, Hudson & Castle Law, LLC, Wilmington, DE for plaintiff.
for defendant: Bradley J. Gowert, Thomas J. Marcoz, Jr., Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE; David Batten, Batten Lee, Raleigh, NC; John D. Balaguer, Roopa Sabesan, White and Williams LLP, Wilmington, DE for defendants.
Case Number: N19C-08-135 AML
Court excluded medical expert's causation opinion for lack of supporting scientific authority and due to the expert's failure to rule out other common causes of plaintiff's injury.
Publication Date: 2022-09-06
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Medinilla
Attorneys: For plaintiff: Timothy E. Lengkeek, Young Conaway Stargatt & Taylor, Wilmington, DE for plaintiffs.
for defendant: Lorenza A. Wolhar, Bradley J. Goewert, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendants.
Case Number: D69948
Court denied defendant doctor's motion to dismiss petition arising out of a wrongful death case for a patient.
Publication Date: 2022-07-12
Practice Area: Medical Malpractice
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Kelley M. Huff, Shelsby & Leoni for plaintiff.
for defendant: Colleen D. Shields, Alexandra D. Rogin, Eckert Seamans Cherin & Mellott, LLC; Maria R. Granaudo Gesty, Daniel P. Martz, Burns White, LLC; James E. Drnec, Katherine J. Sullivan, Wharton Levin Ehrmantraut & Klein, P.A. for defendants.
Case Number: D69884
Court excluded statistical evidence regarding the rarity of a medical complication, where the record showed that defendant considered that complication in the differential diagnosis and did not exclude it simply due to the rarity of occurrence.
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