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Negligence Health Care Providers

Marshall Dennehey

Can Felons Pursue Damages Against Their Providers for Their Criminal Conduct? The Pennsylvania Supreme Court Says No

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Key Points: Pennsylvania Supreme Court recently evaluated the no felony conviction recovery rule. No felony conviction recovery rule bars medical malpractice and indemnification claims brought against murderer’s medical...more

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

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

Morris James LLP

Holding Nursing Homes Accountable: The Process of Filing a Lawsuit

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Our attorneys have seen firsthand the devastating impact that substandard care can have on nursing home residents and their families. If you or a loved one has suffered abuse or neglect in a nursing home in Delaware,...more

Marshall Dennehey

Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient

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Ritz v. Ramsay, 305 A.3d 1056 (Pa. Super. 2023) - The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic. Ramsay had been given an unusually...more

Marshall Dennehey

Pennsylvania Superior Court Holds that Trial Court Correctly Entered Nonsuit on Plaintiff’s Corporate Negligence Claim for Failing...

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Corey v. Wilkes-Barre Hosp. Co., LLC, 2023 PA Super 262, 307 A.3d 701 (Pa. Super. 2023) - The trial court entered nonsuit on the plaintiff’s corporate negligence claim as the case did not involve any kind of systemic...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

Haight Brown & Bonesteel LLP

Can a Jury Consider a Plaintiff’s Medicare Coverage in Evaluating Future Medical Damages Claims?

Can a Jury consider a Plaintiff’s medicare coverage in evaluating future medical damages claims? A California Court of Appeals held in the affirmative in David Audish v. David Macias; Case No. D081689....more

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

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In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...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

Baker Donelson

Findings of Fraud Fuel $7 Million Verdict Against Long Term Care Provider

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A plaintiff in Nashville, Tennessee obtained a jury verdict of nearly $7 million in compensatory and punitive damages in a suit against a long-term care facility and its parent companies. The plaintiff, on behalf of her...more

Robins Kaplan LLP

The Robins Kaplan Justice Report - Vol. 18, No. 1

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Robins Kaplan Secures Historic $12.2 Million Settlement in a Section 1983 Jail Deliberate Indifference Case - Scott County Jail officials failed to report detained man’s injuries and allowed video evidence to be deleted. ...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

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

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

Marshall Dennehey

Pennsylvania Superior Court Affirms Defendant’s Immunity Under the Mental Health Procedures Act

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Wunderly v. St. Luke’s Hospital et al., 2023 WL 3993737 (Pa. Super. Jun. 14, 2023) - The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence. The...more

Morris James LLP

The Dos and Don'ts of Medical Malpractice

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Understanding a medical malpractice claim is the first step to protecting yourself and your right to compensation when you have been the victim of medical malpractice. In this article, we discuss some of the dos and don’ts of...more

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

Better Health Care Newsletter - October 2023

Noise and light can be bad for us just like dirty water and air - The picture-perfect spot to live our healthiest lives would be temperate, with fresh air, sparkling water, and night skies ablaze with stars. It would...more

Morris James LLP

Who Can You Sue for Medical Malpractice?

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Medical malpractice cases are highly complex and often involve various parties. Knowing who to hold accountable for your injuries is not an easy task, and requires a thorough investigation of your case and the people or...more

Console and Associates, P.C.

Gastroenterologist at NYC Hospital Faces Multiple Allegations of Sexual Misconduct After Patients Come Forward

It’s common for anyone undergoing a major medical procedure to have some serious concerns. However, for most, these worries are focused more on the possibility of an adverse medical outcome and not on the risk of being...more

Morris James LLP

Your First Meeting With A Medical Malpractice Lawyer: How To Prepare and What To Expect

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Retaining a medical malpractice lawyer is vital when you have been the victim of medical negligence. Some people delay meeting with a medical malpractice lawyer because they feel intimidated or are overwhelmed dealing with...more

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

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Healthcare providers carry heavy liability risks in the event of a medical malpractice allegation or professional standards violation, which can be costly and lead to licensing ramifications and reputational damage. While the...more

Weber Gallagher Simpson Stapleton Fires &...

New Jersey Appellate Court Addresses Application of Affidavit of Merit Negligence Claim Against A Physician

On August 30, 2023, a New Jersey appellate panel issued an opinion in M.M. v. Atl. Health Sys., 2023 N.J. Super. Unpub. LEXIS 1489 (App. Div. Aug. 30, 2023) clarifying the affidavit of merit requirement pertaining to suits...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

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