Tag: standard of care
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Nursing Expert Witness’ Opinion Addressing Medical Causation Excluded
Plaintiff, Prunella Banks filed this medical negligence action against Lakeland Nursing and Rehabilitation Center, LLC (“Lakeland”) and one of its nurses, Morgan McGuire, for injuries allegedly suffered by her late mother, Queen Banks during her short residency at the nursing home from April 21, 2021, to May 3, 2021. According to the Complaint, Nurse McGuire…
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Law And Legal Expert Witness Cannot Opine on the Standard of Care of Non-Lawyers
Joy Banner brought this suit against Defendants Michael Wright, St. John the Baptist Parish, and Jaclyn Hotard (collectively “Defendants”) alleging violations of her First Amendment right to freedom of speech during a St. John the Baptist Parish council meeting. Richard Stanley, an attorney-expert, has been hired by Defendants to opine about “whether a person could…
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Emergency Medicine Expert Witness Testimony Excluded Due to Lack of Familiarity with the Memphis Medical Community
Plaintiff, Mikhaila Lenoir filed this healthcare liability action on March 15, 2023, regarding care that occurred at Regional One Health from October 8, 2021 through January 21, 2022. Plaintiff alleged that Regional One Health and its nurses, nurses’ assistants, and other employees allegedly breached the applicable standards of care by: . . . failing to…
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Obstetrics and Gynecology Expert Witness Deemed Qualified to Express Opinions on Preeclampsia
The dispute in this matter stems from the prenatal care provided in January 2021 to Brittany S. Gobble by David P. Russell, M.D. at Bristol Gynecology and Obstetrics, P.C. (“BGO”) and Haley L. Akin, M.D. The Plaintiffs accused Haley Akin, M.D. of failing to make a diagnosis of severe pre-eclampsia during the hospitalization of January…
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Human Factors Expert Witness’ Opinions About Tripping on the Raised Fuel Pump Excluded
On November 30, 2022, Plaintiff, Cynthia Burgett, was at the Hy-Vee Fast & Fresh convenience store in Prairie Village, Kansas, to purchase gas. The gas station’s fuel pump islands are shaped like an “H” and also referred to by the parties as a “dog bone” shape. The fuel pump islands are elevated above the parking…
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Legal Ethics Expert Witness’ Opinions Regarding a Conflict of Interest on Coverage Admitted
Plaintiff, Ansur America Insurance Company, sued Defendants, James A. Borland and Quinn, Johnston, Henderson & Pretorious, Chtd., an experienced defense lawyer and his law firm, for alleged legal malpractice in handling a complex product liability case in St. Clair County, Illinois. Plaintiff alleged that Defendants failed to meet the standard of care in representing Plaintiff…
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Neonatology Expert Witness is Not Qualified to Provide Opinions Regarding the Standard of Care for Obstetrics
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Neuropsychology Expert Witness’ Opinion on Future Care Excluded
This matter arises out of a medical malpractice action filed by Plaintiffs Tyler Grenier, individually, and Jenna Grenier, individually and as next friend of J.A.G., a minor, (collectively “Plaintiffs”) against Defendant United States of America (“Defendant”) for alleged medical negligence at Tripler Army Medical Center (“Tripler”) related to the medical care by Defendant’s employees for…
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Gastroenterology Expert Witness’ Testimony Is Not Supported By An Explanation Of the Principles and Methods
Plaintiffs, Kathian Marie López-Concepción and Lenymar López-Concepción sought to recover damages for the alleged wrongful death of their late father, Angel I. López-Diaz in this medical malpractice action. Plaintiffs alleged in their complaint that the medical treatment and care provided by CMC, Dr. Benny Nieves Matias, Dr. Iolani Garcia Rosario, and Dr. Cristina I. Ortiz…
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Opinions of Walkway Safety Expert Witness on Hazard and Standard of Care Excluded
Plaintiff Logan Demboske (“Demboske”) alleged in this premises liability action that he slipped and fell on or about January 30, 2023, on “a transitory foreign substance.” Demboske has retained David Collette as a walkway expert. In Collette’s expert report, he contended that Demboske slipped and fell on a liquid contaminant on a vinyl floor, coated…
