News & Analysis as of

Medical Malpractice Health Care Providers

Snell & Wilmer

Arizona Supreme Court Decides Cipro’s Black Box Warning Cannot Replace an Expert Opinion

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In Arizona, civil claims against health care professionals must be accompanied by a certified statement regarding whether “expert opinion testimony is necessary to prove the health care professional’s standard of care or...more

Miles Mediation & Arbitration

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence....more

Bass, Berry & Sims PLC

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - September 2024

Silence surrounding medical harms hurts patients and the medical care system - An ugly truth of 21st century medicine is that episodes that hurt and kill patients get hidden from public view in the name of patient...more

Marshall Dennehey

Legal Roundup - New Jersey

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An “almost perfect storm of events” warranted additional time to file an Affidavit of Merit. Gonzalez v. Maher Ibrahim, et al., No. A-3719-22, 2024 WL 649332 (N.J. App. Div. Feb. 16, 2024) (approved for publication) - The...more

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

IMS Legal Strategies

The Truth Told Well: Medical Malpractice Witness Preparation

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Nuclear verdicts are an ever-present peril looming over today’s medical malpractice trials. In 2022’s Thapa v. St. Cloud Orthopedic Associates, jurors handed down one of the most shocking med-mal verdicts to that point: $111...more

White and Williams LLP

Revisiting the Treating Physician Rule: PA Supreme Court Limits Ability of Defense Counsel to Represent Nonparty Treating...

Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme...more

Miles Mediation & Arbitration

Medical Malpractice Law: A Brief Look at Current Issues and the Value of Mediation

While the fact pattern of every medical malpractice case may be different, these cases often feature complicated medical issues, heightened emotions, and millions, even tens of millions, of dollars in claimed damages. An...more

Marshall Dennehey

An “Almost Perfect Storm of Events” Warranted Additional Time to File an Affidavit of Merit

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Gonzalez v. Maher Ibrahim, et al., No. A-3719-22, 2024 WL 649332 (N.J. App. Div. Feb. 16, 2024) (approved for publication) - The plaintiff and her husband, by way of a per quod claim, initiated a medical malpractice action...more

Kerr Russell

Should You Respond to a Notice of Intent to File a Medical Malpractice Action?

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In Michigan, a claimant must provide each allegedly negligent healthcare professional or facility with advance notice of the suit before commencing a medical malpractice action. The “notice of intent” must describe what...more

Marshall Dennehey

Pennsylvania Supreme Court Holds that No Felony Conviction Recovery Rule Barred Medical Malpractice and Indemnification Claims

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Dinardo v. Kohler, 304 A.3d 1187 (Pa. 2023) - Both the trial court and the Superior Court found that the plaintiff’s claims were barred by the no felony conviction recovery rule. The plaintiff filed a medical malpractice suit...more

Marshall Dennehey

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

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On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...more

Woodruff Sawyer

Update: What Medical Liability Reform Means for Healthcare Providers

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Almost two years ago, Governor Gavin Newsom signed Assembly Bill (AB) 35 into law, reforming California’s Medical Injury Compensation Reform Act (MICRA) of 1975. As discussed in this previous blog about MICRA reform, the...more

Morris James LLP

Negligence in Behavioral Health Facilities FAQs

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When dealing with the complexities of medical malpractice, particularly negligence in behavioral health facilities, it is essential to understand your rights and how to enforce them. These frequently asked questions aim to...more

Buckingham, Doolittle & Burroughs, LLC

Hey Doc, Be Careful on TikTok - Legal Pitfalls of Healthcare Providers in the Social Media Age

Imagine you are scrolling on TikTok, Facebook, Instagram, or one of the multitude of other social media platforms that almost every one of us have on our devices, and you come across a video of a physician discussing medical...more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know About Filing a Medical Malpractice Claim in Florida

The risk of suffering unnecessary complications due to medical malpractice is a concern for patients and families across Florida. While all healthcare providers have a duty to ensure that they provide a professional standard...more

Cranfill Sumner LLP

The Dentist and Informed Consent

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A cornerstone of the dental practice, as with most healthcare professions, is the requirement to obtain informed consent before commencing treatment and procedures. The ADA Code of Ethics provides that informed consent, at a...more

Pullman & Comley, LLC

Significant 2023 Connecticut Health Care Case Law

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Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers summarizes a number of important decisions issued in 2023 by Connecticut state and federal courts. Among the highlights are...more

Napoli Shkolnik

Diagnostic Errors Claim Nearly 800,000 American Lives Per Year, Study Finds

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A new study shows that approximately 371,000 people die and 424,000 sustain permanent disabilities due to diagnostic error, including brain damage, blindness, loss of limbs or organs or metastasized cancer....more

Console and Associates, P.C.

Patients Claim Columbia University’s Policies Permitted OB-GYN Dr. Hadden to Sexually Abuse Patients for Two Decades

Recently, patients who visited Columbia University’s OB-GYN department have reported the sexual abuse committed against them by Dr. Robert Hadden. Dr. Hadden was a long-time fixture at Columbia University, having spent his...more

Morris James LLP

10 Documents To Support Your Medical Malpractice Claim

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If you are considering a medical malpractice claim, it is important to understand what types of documents and other records you should keep. These documents will be used as evidence to support your legal claim for...more

Epstein Becker & Green

SCOTUS Lets National Practitioner Data Bank Safeguards Stand

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Last month, the U.S. Supreme Court declined to review a case challenging the sufficiency of due process protections in the Health Care Quality Improvement Act (HCQIA) and National Practitioner Data Bank (NPDB), effectively...more

Kerr Russell

Is This Patient Abandonment? Two Scenarios

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Question: Due to a staffing shortage at my office, I have been forced to make some difficult choices. For example, I have had some patients who were seen previously only for an emergency visit. They had no regular dentist and...more

DRI

[Event] Medical Liability and Health Care Law Seminar - February 28th - March 1st, Miami, FL

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Join us in Miami, Florida, for an engaging and exciting seminar that will address some of medicine’s most relevant and controversial issues. Topics include: a maternal fetal medicine and pediatric neurology “blockbuster”...more

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