News & Analysis as of

Medical Malpractice Professional Negligence

Bricker Graydon LLP

Ohio Supreme Court confirms Wuerth application to medical claims

Bricker Graydon LLP on

​​​​​​​In 2009, the Supreme Court of Ohio held that a plaintiff could not hold a law firm responsible for the actions of an employed attorney if the plaintiff did not pursue a timely action against the individual attorney....more

Searcy Denney Scarola Barnhart & Shipley

A Tale of Tragedy and Justice

The case involved a loving couple who came to the U.S. from Cuba in 2013 to live with their extended families in Miami and for a better life. Three years later that American dream ended in heartbreak and the tragic,...more

White and Williams LLP

Massachusetts Supreme Judicial Court Strikes a Deathblow to Substantial Factor Causation in Most Cases; Is Asbestos Litigation...

White and Williams LLP on

In Doull v. Foster, the Massachusetts Supreme Judicial Court (SJC) addressed the proper causation standard in a medical malpractice case. In reaching this issue, the SJC reached far beyond the medical malpractice case before...more

Hinshaw & Culbertson - Lawyers for the...

Florida Appellate Court Reduces Legal Malpractice Verdict From $5M to $250K Because Plaintiff Failed to Prove Underlying Judgment...

After a Florida law firm and one of its attorneys (defendants) were hit with a $5 million jury verdict in a case arising out of an underlying medical malpractice action, they—along with the firm's insurer—appealed. Because...more

Haight Brown & Bonesteel LLP

Public Entities May Not Be Protected From Firefighters Negligently Providing Emergency Medical Treatment

In Wilson v. County of San Joaquin (C084895 ; filed 7/30/19), the Third District Appellate Court held Government Code section 850.6 did not immunize the County of San Joaquin (“County”) from liability for the alleged...more

Carlton Fields

Missouri Appeals Court Rules That Insurer Must Pay Double Policy Limits in Medical Malpractice Claim Involving Birth Injuries

Carlton Fields on

In John Patty, D.O., LLC v. Missouri Professionals Mutual Physicians Professional Indemnity Association, No. ED106747 (Mo. Ct. App. Apr. 23, 2019), a Missouri appellate court rejected the lower court’s decision regarding...more

Searcy Denney Scarola Barnhart & Shipley

Does Doctor Negligence Often Go Unreported? - National Practitioners Data Bank

Are doctors relocating all over the United States? Congress created the National Practitioners Data Bank in 1986, passing a piece of legislation whose mission entailed improving the quality of healthcare, reducing abuse...more

Faegre Drinker Biddle & Reath LLP

Health Facilities May Be Insuring Doctors Without Knowing It

A September 29 ruling by the New Jersey Supreme Court effectively makes a health facility liable for the professional negligence of a medical staff member who doesn’t have malpractice insurance or who has insurance that...more

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