Civil Procedure Professional Malpractice

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Recent Arizona appellate decisions of note to providers

With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

Client Alert: Florida Supreme Court Broadens Patient Access to Adverse Incident Reports

A recent decision by the Florida Supreme Court has significant implications regarding certain adverse incident reports previously viewed as outside the scope of permitted discovery. Florida health care providers currently...more

FDA-Approved Labeling Does Not Equal Medical Standard Of Care

We’ve been defending the ability of physicians to engage in off-label use ever since the Bone Screw litigation of the 1990s. Buckman Co. v. Plaintiffs Legal Committee, where the United States Supreme Court affirmed that...more

Amendment 7 Prevails Over Patient Safety Work Product Protections

On January 31, the Florida Supreme Court ruled that the “Patient Safety Work Product” privilege cannot shield Florida health care providers from Amendment 7 requests. The court’s decision in Charles v. Southern Baptist...more

When Does a Claim for Legal Malpractice Accrue in the Litigation Context

The long understood rule of law in Florida is that a cause of action for legal malpractice accrues in the litigation context when the litigation is concluded by a final judgment, and the final judgment becomes final when the...more

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

Washington Supreme Court Expands Physicians’ Duty to Third Parties

Most states have laws either requiring or permitting mental health professionals to disclose information about patients who may become violent. These voluntary or mandatory reporting laws require a balancing of the...more

Medical Causation Experts Pass Daubert Test, But Cannot Opine on Plaintiff’s Lack of Capacity to Sign Release

We typically write about product liability cases, not medical malpractice actions. But the two are not mutually exclusive, and similar issues arise in those cases. Medical causation is an issue we often see in both. Capacity...more

Fourth Circuit Holds Staffing Agency Nurse to be Hospital Employee for Purposes of Liability Insurance

Is a nurse employed by a staffing agency and temporarily assigned to work at a hospital considered an “employee” of the hospital and therefore entitled to coverage under the hospital’s liability insurance policy?...more

Seventh Circuit Affirms Dismissal of Malpractice Claim Based on Plaintiff's Failure to Plead "But For" Causation

West Bend Mutual Ins. Co. v. Schumacher, ___ F.3d ___, 2016 WL 7395708 (7th Cir. 2016) - Brief Summary - Plaintiff, a workers' compensation insurer, filed a legal malpractice action against former defense counsel,...more

Medical Litigation Newsletter - December 2016

Defending Audits Before They Happen: A Practical Guide to Documenting to Sustain A Challenge to E/M Codes - Although many believe malpractice suits to be the primary risk-management issue facing healthcare providers, an...more

Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors

The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice. The trustee alleged that debtor’s counsel committed malpractice...more

What Can A Company Expect After Losing A Major Personal Injury Case At Trial? Getting Sued Again For The Same Injury, To The Same...

For a company doing business in Maryland, navigating the landscape of survival and wrongful death claims can be succinctly summed up by the “Relationship Status” often seen on the profiles of Facebook users: “It’s...more

Ohio Supreme Court Decision Permits Immediate Appeals from Discovery Orders Requiring Disclosure of Privileged Materials

In Burnham v. Cleveland Clinic Foundation, Case No. 2015-1127 the Ohio Supreme Court recently issued a decision that will make it easier to file immediate (aka interlocutory) appeals from trial court decisions requiring...more

SC Supreme Court extends Statute of Limitations in Lawyer Malpractice - Precedent reversed & hybrid rule adopted

The South Carolina Supreme Court, in the case of Stokes-Craven Holding Corp. v. Robinson, Op. No. 27572 (S.C.Sup.Ct. filed May 25, 2016)(Shearouse Adv.Sh. No. 21 at 17), reversed precedent and adopted a hybrid rule for the...more

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

The High Court has ruled that a business that receives a Subject Access Request ("SAR") can refuse to disclose the requested information in some cases, if the dominant purpose of the SAR is litigation. This appears to mark a...more

Torts – Statute of Limitations – General v. Professional Negligence

Manuel Nava v. Saddleback Memorial Medical Center, et al. - Court of Appeal, Fourth Appellate District (October 18, 2016) - Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the...more

Expert Testimony in Sheep’s Clothing is Still Expert Testimony, Says Georgia Supreme Court

Sometimes it takes a lot of words to say something. The Iliad. War and Peace. SCOTUS’s Obergfell decision. But sometimes, in just a few words, it is possible to create an image, or stir a memory, or underscore a point. ...more

State ex rel. Heartland Title Services, Inc. v. The Honorable Kevin D. Harrell

— S.W.3d —, 2016 WL 6090816 (Mo. banc October 18, 2016) In a matter of first impression, the Missouri Supreme Court recently clarified that Missouri’s venue statute must be read to allow venue (referring to the locale...more

La. Decision Clears Path for Circumventing Med Mal Cap

Brandi’s parents allege that they rushed her to the Opelousas General Hospital ER and asked Dr. Z to administer stroke medication, but Dr. Z declined, administering anti-seizure medication instead. Frustrated, they...more

Ohio Supreme Court Rules Medical Malpractice Lawsuits Must Be Filed Within Four Years of Claimed Injury

Reminger Co., L.P.A. is pleased to announce that it successfully persuaded the Ohio Supreme Court to reverse the Eighth District Court of Appeals, in the case of Antoon v. Cleveland Clinic, Slip Opinion No. 2016-Ohio-7432. ...more

Health Alert (Australia) October 24, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 19 October 2016 - Damir Redzepovic v Western Health [2016] VSCA 251 The applicant sought leave to appeal from...more

Government Tort Claims Act – Claims Presentation Requirements

Emma Esparza v. Kaweah Delta District Hospital - Court of Appeal, Fifth Appellate District (September 21, 2016) - The Government (Tort) Claims Act (the “Act”) mandates that all claims or damages against a public...more

Illinois Plaintiffs May Have More Time to File Medical Malpractice Wrongful Death Cases

Summary of the Decision - The Illinois Supreme Court recently entered a decision captioned Moon v. Rhode that holds the more liberal discovery rule applies to trigger the time to file medical malpractice wrongful death...more

Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection

In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in...more

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