Medical Malpractice

News & Analysis as of

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

Health Alert (Australia) October 17, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 13 October 2016 - Coote v Kelly; Northam v Kelly [2016] NSWSC 1447 - On 23 May 2012, Mr Coote died...more

S. Dakota high court asked to pry open hospitals’ secret approval of brutal MD

South Dakota’s highest court has been asked to reject hospitals’ attempts to keep secret why a doctor, who also is a convicted burglar with a checkered medical past that could have easily been uncovered, passed a peer review...more

[Event] 2016 Long Term Care Legal Update: Insights and Best Practices for Risk Mitigation in Employment and Litigation Claims -...

Please join LeClairRyan at Charter Hall in Roanoke's Market Building for a complimentary midday presentation (lunch served) on strategies to combat today's legal concerns. Our attorneys will share insights to help you manage...more

Medical Litigation Newsletter - October 2016

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

Ninth Circuit Upholds Felony Conviction of Urologist, Under FDCA, for Reusing Single-Use Needle Guides During Prostate Biopsies...

In 2014, Las Vegas urologist, Dr. Michael Kaplan, was convicted by a federal jury for reusing single-use plastic needle guides during prostate biopsies. He was convicted of conspiracy to commit adulteration in violation of...more

Hospital Errors – No Disclosure

Hospitals and doctors, according to a recent study, rarely admit their mistakes. Deflecting responsibility and avoiding blame are traits that society associates with schoolchildren but not with accomplished professionals,...more

Common Examples of Medical Malpractice that Can Lead to Birth Injuries

Thankfully for everyone involved, modern medicine has made the process of pregnancy, labor and delivery much safer for both mother and child than it has ever been in history. Unfortunately, however, there are instances in...more

International Experts in Medical Malpractices Cases: Qualification v. Location

The Court of Appeal in Borrayo v. Avery, A143765 (San Francisco County Super. Ct. No. CGC12525769) recently held that a physician licensed to practice medicine in Mexico was qualified to provide an opinion about the standard...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

Hospital Demands to Be Malpractice Defendant

Why would a hospital and one of its physicians demand that a case against them be branded a malpractice case? Why would they sue the trial court to force it to call the action a malpractice case? A recent Nevada case...more

Arizona Supreme Court Confirms Abolishment of Original Tortfeasor Rule

For more than thirty years, Arizona law has allowed juries to allocate fault among all who contribute to an injury. On July 18, 2016, the Arizona Supreme Court unanimously re-affirmed Arizona’s commitment to “comparative...more

Illinois Appellate Court Determines Medical Expense “Write-offs” Do Not Qualify for Set-off

Harold Miller v. Sarah Bush Lincoln Health Center, et al., 2016 IL App (4th) 150728. Adding to the ever-changing debate regarding how medical expenses “written off” by health care providers are treated by Illinois...more

Medical Malpractice and Healthcare Quarterly - Summer 2016

AFFIDAVIT OF MERIT NOT REQUIRED AS TO CLAIMS AGAINST DENTISTS - Limiting the scope of the affidavit of merit statute, the Superior Court recently held that an affidavit of merit was not required where a plaintiff filed a...more

New York Recognizes Attorney-Client Privilege Regarding Consultations with Firm's General Counsel

Stock v. Schnader Harrison Segal & Lewis LLP, __ N.Y.S.3d __, 2016 WL 3556655 (2016) Brief Summary - A New York appellate court reversed the trial court's decision to compel disclosure of communications between...more

Appellate Court Notes

AC36912 - Whitney v. J.M. Scott Associates, Inc. Plaintiff entered into an employment and stock purchase agreement with the owner of the company, that provided if he were terminated without cause before the end of five...more

When Damages May Exceed the Statutory Med Mal Cap

Dr. Steven Nathanson is the defendant in a medical malpractice case involving the death of a patient. On June 24 the court rejected his motion for summary judgment on his claim that punitive damages are barred by West...more

Prescribing Pain

Each year more than 1.25 million Americans suffer from medication errors made by physicians, hospitals, and pharmacies. With the rise in the number of Americans taking prescriptions, the number of errors will only continue to...more

Health Alert (Australia) June 27, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 21 June 2016 - Inquest into the death of Summer Emerald Rose Jamsek Summer Jamsek was born at...more

HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions

A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial...more

Caps on damages remain an open question in medical malpractice cases

Caps on non-economic damages from malpractice suits remain an issue for the courts to decide, which complicates understanding your rights even more. There are still questions about whether Tennessee’s laws concerning...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

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