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236 A.3d 518 Court of Appeals of Maryland August 24, 2020 No. 50/19
In this case, we are asked to determine whether expert testimony is required to establish the medical negligence of a non-party physician in a medical malpractice case, where the defendant physicians (the “Defendants”) deny liability
Park, argued that he was not negligent, and that the medical negligence of the subsequent treating physicians was a superseding cause of the plaintiff’s injuries. Id. at 153 .
We held that a physician could introduce evidence of a non- party’s medical negligence to prove “that he was not negligent and that if he were negligent, the negligent omissions of the other three subsequent treating physicians were
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2022 Ohio 4265, 218 N.E.3d 731 Ohio Supreme Court December 1, 2022 No. 2021-0241
, but only after a determination that the doctor had been negligent.
Though a negligent-credentialing claim is independent, our caselaw is patently clear: negligent-credentialing claims are not viable in the 4 January Term, 2022 absence of medical negligence by the treating doctor.
Being able to drag a doctor who has already settled with a patient back into a negligent- credentialing case might lead to fewer medical-negligence settlements. 5 SUPREME COURT OF OHIO physician was negligent is precluded from
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Supreme Court of Pennsylvania July 28, 2023 No. 7 WAP 2022Not cited
Having established that the negligent physicians were obligated to indemnify the Hospital, the Hospital filed an action against DCI.
Permitting the Hospital to seek indemnification and contribution from the corporate employers of negligent physicians allows for factual development on the issue of which entity exercised the control necessary to deter negligence
placing the financial burden of negligent physicians on the party best situated [J-68-2022] [MO: Brobson, J.] - 13 to prevent similar occurrences of negligence.
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2024 UT 5, 545 P.3d 226 Utah Supreme Court February 15, 2024 No. 20220815
Birt before her death due to the doctors’ negligence. The doctors argued, in part, that Ms. Meeks did not provide any evidence allowing a jury to reasonably infer that Ms.
Meeks presented insufficient evidence to prove that the doctors’ negligence caused Ms.
Meeks pointed to various acts or omissions to support her claim that the doctors were negligent. Those acts or omissions fell within one of two broad categories: that the doctors failed to fully inform the family of Ms.
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2021 Ohio 29 Ohio Court of Appeals January 8, 2021 No. L-19-1264
negligence case conceded on the record and under oath the essential elements of Plaintiff-Appellant’s medical negligence claim and Plaintiff-Appellant subsequently settled his claim for medical negligence against the defendant-doctor
and the settlement agreement did not stipulate that the plaintiff’s injury was caused by the defendant-doctor’s negligence. {¶ 11} “To prove a negligent-credentialing claim, a plaintiff injured by the negligence of a staff doctor
Notably, the bankruptcy court did not enter a finding that the defendant-doctor was negligent in his treatment of the plaintiff, and the defendant-doctor did not admit negligence.
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213 A.D.3d 712 Appellate Division of the Supreme Court of New York February 1, 2023 No. 66636/14
The causes of action arose out of the same conduct, to wit, the alleged negligence of the doctor defendants and the PA defendants in providing medical care and treatment to the decedent, which they all did within the scope of their
Here, the plaintiff has failed to establish that the PA defendants are united in interest with the doctor defendants, as she has failed to show that the doctor defendants are vicariously liable for the PA's alleged negligent acts or
Further, while "[a] physician can be held vicariously liable for another physician's active negligence if the physician had 'some control of' the actively negligent physician's 'course of treatment' of a patient" ( Ross v Mandeville
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Indiana Court of Appeals October 8, 2020 No. 20A-CT-393Not cited
The submission included allegations that the Hospital should be held vicariously liable for the negligent acts committed by the various physicians, as well as other hospital employees and/or agents, who treated Spencer during
Accordingly, the trial court ruled that Spencer “may proceed with his arguments and allegations of physician negligence (even if those physicians were not named in the proposed Complaint) in his submission to be evaluated by
In other words, Spencer may proceed with his arguments and allegations of physician negligence/vicarious liability in his submission to the MRP even though those physicians are not named in the proposed complaint and are now
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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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533 P.3d 1 Oregon Supreme Court July 7, 2023 No. S069760
In this wrongful death action—which raises mul- tiple claims of medical negligence against physicians and others—we must decide two questions.
A failure to use such care, skill, or diligence is negligence. “Physicians are not negligent merely because their efforts were unsuccessful. A physician does not guarantee a good result by undertaking to perform a service.”
And instructing the jury to consider a consequence of its finding on the question of negligence risks confusing the jury about the standard that it must use to evaluate whether the physician was negligent.
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Court of Appeals of South Carolina October 6, 2021 No. 2017-002299Not cited
may be held liable unless it is proven that the physician was grossly negligent.
After unsuccessful mediation, Appellants filed a complaint alleging Doctor was negligent and grossly negligent and OB-GYN was liable as his employer.
The jury found that although Respondents negligently harmed Ashley, the negligence occurred while Doctor rendered care in a genuine emergency situation in which Ashley was medically unstable and in an immediate threat of death or serious
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2021 Ohio 3345 Ohio Court of Appeals September 23, 2021 No. 110164
It maintains that only physicians practice medicine, and since the trial court’s order determined that CCF cannot be liable for the alleged negligence of its physicians, the order “resolves plaintiff’s sole claim and terminated
He maintains that in this medical negligence case, the physicians and the nonphysician employees will “point to the conduct” of each other as the source of liability.
Jaffe submitted expert reports to show that both the physicians and nonphysician employees were negligent, and CCF attached these reports as exhibits to its motion for partial summary judgment.
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199 Conn. App. 265 Connecticut Appellate Court July 21, 2020 No. AC42581
The plaintiffs also named Sound Physicians as a defendant and pleaded a count of negligence against it. The plaintiffs further alleged that the physicians were employed by both the hospital and Sound Physicians.
The plaintiffs further alleged that the hospital and Sound Physicians were negligent in failing to ensure that the physicians did not commit the alleged negligence.
In fact, the crux of the plaintiffs’ complaint was that the physicians were negligent in their initial assessment of the decedent’s condition, not that the physicians were negligent in performing a surgical pro- cedure.’’
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California Court of Appeal January 28, 2021 No. B301731Not cited
This appeal presents two questions: (1) when can a physician be sued for negligently recommending a course of treatment, and (2) does the patient’s informed consent negate any liability for a negligent recommendation?
A physician’s liability for negligence Like any plaintiff suing for negligence, a patient suing her physician for negligence must establish that (1) the physician owed her a duty, (2) he breached that duty, (3) there was “a proximate
Calvin (1978) 83 Cal.App.3d 529, 532-534 [error to instruct jury that a physician is negligent unless a “respectable minority” of physicians would agree with his conduct]), a physician is negligent for recommending a course of
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2021 IL 126074, 190 N.E.3d 245 Illinois Supreme Court December 16, 2021 No. 126074
Why would the legislature bar the cause of action against the negligent physician but not the negligent truck driver? There is no rational justification for this distinction.
In fact, our law consistently holds negligent physicians to different standards than that of other negligent defendants.
The plaintiff further asserted section 2.2 of the Act was only intended to protect physicians performing abortions, not all physicians whose negligent acts lead to a wrongful death. Id.
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2026 OK 27 Supreme Court of Oklahoma April 28, 2026 No. 122395Not cited
Bean does not have a qualified expert to render standard of care opinions relating to her physician negligence claims, and Nurse Hadaway is not qualified to do so.
Instead, nurses have a duty to follow physician orders unless the orders are obviously negligent. Id . ¶18 Here, Bean claims that Hospital nurses are directly liable for their failure to question the physicians' orders.
¶19 To prove this claim under Strubhart , Bean must first establish that Hospital physicians' instructions were negligent.
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207 A.D.3d 684 Appellate Division of the Supreme Court of New York July 20, 2022 No. 507923/13
"'In general, under the doctrine of respondeat superior, a hospital may be held vicariously liable for the negligence or malpractice of its employees acting within the scope of employment, but not for negligent treatment provided by
an independent physician, as when the physician is retained by the patient himself [or herself]'" ( Fuessel v Chin , 179 AD3d 899, 901 , quoting Seiden v Sonstein , 127 AD3d 1158, 1160 ).
In addition, the evidence submitted by Wyckoff failed to demonstrate that the defendant Mahalingam Sivakumar was a private, independent physician for whose negligent acts it cannot be held liable under the doctrine of respondeat superior
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M.D. Pennsylvania October 23, 2023 No. 1:18-cv-00856Not cited
As to the United States’ motion for judgment on the pleadings, the government argues that the complaint does not contain sufficient facts to support each element of a negligence claim and fails to assert how each relevant physician
working in those departments acted negligently.
and Kapadia, is denied to the extent the complaint alleges negligence by doctors Zheng and Lee, and is otherwise denied as moot.
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E.D. Kentucky January 23, 2023 No. 5:22-cv-00089Not cited
Lake Cumberland considered whether patients had a cause of action against a hospital for negligent credentialing (a common variety of corporate negligence) of a non- employee physician who was given staff privileges by the hospital
However, the court noted, “a claim of negligence against a hospital for the selection of its physicians is derivative of the medical malpractice claim against the physician” and “[w]ithout proof that the doctor committed malpractice
The plaintiff’s corporate negligence theory against the hospital was based on allegations of negligent credentialing, failing to oversee and monitor the physicians’ performances, and failing to follow its own procedures.
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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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