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2007 Ohio 5469 Ohio Court of Appeals October 12, 2007 No. WM-07-001.Cited by 2 Unpublished
When the Browning court resolved the negligent credentialing claim in that case, only one of the two allegedly negligent doctors was present in the action.
The element of staff physician negligence as a component of a negligent credentialing claim can be proven without the allegedly negligent physician as a named party. Dicks v. U.S. Health Corp. (May 10, 1996), 4th Dist.
Determining that staff physician negligence must be proven as an element of a negligent credentialing claim against an employer does not interpose a legal requirement to name the staff physician as a defendant and prove the negligence
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Michigan Court of Appeals December 19, 2017 No. 334598Not cited Unpublished
He was admitted and treated by three doctors who plaintiff alleges were negligent, and ultimately caused the decedent’s death.
The decedent’s wife, on behalf of his estate, sued defendant hospital on a theory of vicarious liability arising out of the doctors’ alleged negligence.
of the three allegedly negligent doctors.
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Michigan Court of Appeals December 19, 2017 No. 334598Not cited Unpublished
He was admitted and treated by three doctors who plaintiff alleges were negligent, and ultimately caused the decedent’s death.
The decedent’s wife, on behalf of his estate, sued defendant hospital on a theory of vicarious liability arising out of the doctors’ alleged negligence.
of the three allegedly negligent doctors.
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2005 Ohio 766 Ohio Court of Appeals February 24, 2005 No. 84350.
. {¶ 38} With respect to "standard of care" and "hindsight," the trial court charged the jury as follows: " Next, in determining whether the physician was negligent, you should consider his care in light of all the attendant circumstances
physician at the time the medical care was rendered."
(Internal quote and citation omitted.) {¶ 48} In this case, appellant presented evidence asserting that the treating physicians were negligent in failing to diagnose that Mrs.
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Ninth Circuit March 27, 2020 No. 18-17211Not cited Unpublished
In his complaint, Kornberg asserted that VA doctors were negligent for “failing to provide proper, appropriate and necessary care and treatment” to Kornberg’s shoulder injury.
Instead, Kornberg characterized his claim as targeting the lack of “supervision of the VA doctors at issue and how that negligent supervision contributed to his injuries,” and 2 he asserted that the Government had not complied
The Government cannot be held vicariously liable unless the doctors themselves were negligent or otherwise engaged in “actionable conduct.” McCrosky v. Carson Tahoe Reg’l Med.
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Ohio Court of Appeals September 30, 2002 No. 01CA2793.Not cited Unpublished
Sweet opined that the negligence of the nurses (i.e., failing to provide intrauterine resuscitation, alert the doctors to the baby's change of condition, and urge a more rapid delivery), combined with the negligence of the physicians
inform the treating physician of the patient's condition and monitor the patient as instructed by the physician) and the physician's own negligence were concurring proximate causes of the patient's injuries.
After 3:50 p.m., the nurses committed no negligent acts co-operating with the physicians' negligent acts." See Dillon v. Med. Ctr.
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Fifth Circuit March 30, 2005 No. 04-30368Not cited Unpublished
Plaintiffs, Patterson’s survivors, do not persuade us that the district court legally erred in failing to distinguish between doctor and hospital negligence.
In its memorandum opinion the district court detailed the treatment of Patterson by the treating physicians and the hospital staff, and concluded that “the VA medical staff was not negligent in treating Patterson’s coagulopathy.
We do not believe that the district court erroneously thought that Louisiana law of medical malpractice is limited to physician negligence or that Plaintiffs’ claims in this particular case were so limited. 2 4.
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671 F. App'x 23 Third Circuit December 13, 2016 No. 16-3628Cited by 17 Unpublished
. § 1983 against prison staff, administrators, and a doctor, and a negligence claim under Pennsylvania state law against a doctor and health service provider after allegedly receiving inadequate medical treatment for a broken finger
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583 F. App'x 689 Ninth Circuit July 17, 2014 No. 12-56201Not cited Unpublished
However, reading the complaint in the light most favorable to the plaintiffs, they allege negligence independent of the contract, just as a patient can sue a doctor for negligence even though the patient and doctor also have a
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Court of Appeals of South Carolina June 28, 2017 No. 2017-UP-265Not cited Unpublished
negligence).
may be held liable unless it is proven that the physician was grossly negligent.
with a patient or the patient has not received prenatal care, such physician is not liable unless it is proven such physician is grossly negligent.
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478 F. App'x 613 Eleventh Circuit June 5, 2012 No. 11-11588Cited by 3 Unpublished
NEGLIGENCE CLAIMS Lynch argues that the district court erred when it granted Defendants’ motion to dismiss because, 1) Lynch should not be required to submit an affidavit from a doctor when asserting a claim of negligence, 3
Because Lynch has not put forth non-conclusory statements that the doctors were professionally negligent, 4 the district court correctly dismissed Lynch’s Complaint against the doctors for negligence in both their official and
Before the district court, Lynch argued that his claim was not for professional negligence, but merely negligence. The district court treated Lynch's claims against the doctors as claims for professional negligence.
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Third Circuit July 16, 2020 No. 19-3475Not cited Unpublished
They alleged that two doctors at the Wilmington Veterans Administration Medical Center committed medical negligence when they reviewed the 2014 and 2015 CT scans of Mr. Gaitens’s lungs.
After a bench trial, the District Court thoroughly and thoughtfully reviewed all the evidence and concluded that neither doctor was medically negligent.
According to Plaintiffs, the doctor mistook the eight-millimeter nodule for scarring in Mr. Gaitens’s left lung and was thus medically negligent.
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New Mexico Court of Appeals July 26, 2023Not cited Unpublished
Thus, the regulations relied on by the Estate apply on their face to practitioners, such as physicians and physician assistants, not corporate entities, like Doctor on Call.
negligence of the prescribing physician.
Call based on Doctor on Call’s own negligence.
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California Court of Appeal August 16, 2021 No. B304043Not cited Unpublished
While there, the Doctors negligently performed a procedure that perforated his colon.
on the Doctors’ negligence was dispositive.
A physician is the ostensible agent of a hospital if the hospital intentionally or negligently causes the patient to believe the physician is the hospital’s agent. (Mejia, at p. 1453, 1456; Civ.
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2005 Ohio 5103 Ohio Court of Appeals September 28, 2005 No. 22387.Cited by 30 Unpublished
was negligent." 3 Ohio Jury Instructions, Section 331.01 (6).
A medical malpractice analysis requires the trier of fact to first consider whether the physician was negligent, which requires the trier of fact to consider whether the physician failed to act as a physician of similar skill would
If a jury finds that the physician was negligent, it must then consider whether the negligence proximately caused the plaintiff's injuries. Id. {¶ 16} The jury unanimously determined that Appellees were not negligent.
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508 F. App'x 711 Tenth Circuit January 23, 2013 No. 12-1336Cited by 13 Unpublished
Moreover, “a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.” Estelle v.
Saiz, 427 F.3d 745, 751 (10th Cir.2005) (“[T]he medical judgment of the physician, even if grossly negligent, is not subject to second-guessing in the guise of an Eighth Amendment claim.”).
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175 F. App'x 300 Eleventh Circuit April 10, 2006 Nos. 05-12372; D.C. Docket 04-01216-CV-B-SCited by 5 Unpublished
Specifically, the government stated that, on April 30, 2001, Slater had filed a claim with the VA alleging that he had developed diabetes based on the negligent prescription of drugs by VA doctors in 2000.
Barrett, Regional Counsel for the Department of Veterans Affairs covering Alabama, who stated that, on April 30, 2001, Slater filed a claim alleging that he had developed diabetes as the result of VA doctors negligently prescribing
Also included was a June 11, 2001, claim alleging that VA doctors negligently failed to take him off of lithium carbonate between February 1988 and September 1997, causing hypothyroidism.
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404 F. App'x 789 Fourth Circuit December 14, 2010 No. 09-2141Cited by 9 Unpublished
They claimed that doctors’ negligent failure to properly treat Mark McEwen with anticoagulant medication on November 13 caused his stroke on November 15.
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Superior Court of Rhode Island September 3, 2004 No. WC 2001-0072Not cited Unpublished
Broza, and South County Hospital, alleging that the decedent's death was the result of the doctors' negligence and that South County Hospital is vicariously liable under the doctrine of apparent authority. 2 South County Hospital
physician."
This negation results in an abrogation of Agency § 267 and, moreover, a means by which a state can hold a hospital, in essence, strictly liable for negligent treatment by their physicians retained as independent contractors.
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Ohio Court of Appeals September 27, 2002 Nos. C-020020, Trial No. A-0003612.Not cited Unpublished Concurrence
. {¶ 29} If the patient seeks out the doctor, and the doctor chooses a hospital as the sight of treatment, the hospital is generally not liable for the doctor's negligence — the doctor is truly an independent contractor.
When the patient seeks out the hospital, and the hospital provides a doctor, the hospital is liable for the doctor's negligence under long-standing and unquestionable agency principles. It is that simple.
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