News & Analysis as of

Negligence Healthcare 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

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

Console and Associates, P.C.

Patients’ Legal Options After Experiencing IVF Malpractice or Other Forms of Fertility Clinic Negligence

Undergoing fertility treatment is an emotional journey. And between the invasive procedures and medications, Assisted Reproductive Technologies can take a tremendous toll on a family, even when things go as planned. However,...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Telehealth and the Risks of Medical Malpractice

Telehealth practices can be tremendously helpful for patients who live in remote areas far from doctors. Telehealth can also protect healthcare providers and patients from exposure to infectious diseases. But telehealth...more

Pullman & Comley - Connecticut Health Law

CT Supreme Court Issues Important Decision Regarding Med Mal Opinion Letters

Health care providers should take note of a recent decision of the Connecticut Supreme Court that may make it easier for individuals to bring medical malpractice actions. In Carpenter v. Daar, 346 Conn. 80 (2023), the court...more

Console and Associates, P.C.

Can You Sue for Nursing Home Injuries Due to Falls and Other Accidents?

Abuse and neglect at nursing homes are longstanding problems. Some of the most common nursing home injuries are also among the problems that can leave the families of residents with a lot of questions. ...more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

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The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

Polsinelli

California’s Long-Standing MICRA Law is About to Change

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California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Pullman & Comley - Connecticut Health Law

Top 10 Connecticut Health Law Cases for 2021

Befitting a year in which the lingering COVID-19 pandemic caused delays in almost every aspect of daily life, Pullman & Comley’s annual survey of notable health law cases from Connecticut’s trial and appellate courts makes...more

Steptoe & Johnson PLLC

The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care...

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The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional...more

Cranfill Sumner LLP

Updates to Medical Malpractice Legal Procedures in North Carolina

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On June 18, 2021, Governor Roy Cooper signed Senate Bill 255 into law.  The law contains two significant changes to the legal procedures in medical malpractice actions in North Carolina....more

Steptoe & Johnson PLLC

A Broad New Interpretation of the Scope of the West Virginia Medical Professional Liability Act

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The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care...more

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

With malpractice claims constrained, injured Florida kids and families struggle

When doctors, hospitals, and insurers bellyache about malpractice claims with little evidence on their prevalence or outcomes, patients and politicians should push back: And they can cite the nightmares people in grievous...more

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

When end-of-life wishes get ignored, courts see another kind of malpractice

Many Americans took a good step for themselves and their loved ones after getting shocked by learning about treatments, like prolonged machine ventilation, that coronavirus patients may undergo. Not for me, the healthy may...more

Searcy Denney Scarola Barnhart & Shipley

Types of Doctors for Medical Malpractice Claims

The American Board of Professional Liability Attorneys (ABPLA) defines “medical malpractice” as when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient....more

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

Gynecologist guilty on U.S. charges, but questions linger about his practices

A federal criminal case concluded with felony convictions for a Virginia gynecologist. But the questions are only now beginning as to how a doctor could have caused so many women so much harm for so long without other...more

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

A $229-million Baltimore malpractice case? It’s worth digging into this news

Headlines can command attention while not always fully informing, as might be the case with these eye-catching story titles, one fresh, the others a few years back...more

White and Williams LLP

PA Supreme Court Confirms Risk/Complication Evidence Is Admissible for Standard of Care and Causation in Med Mal Cases

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In a win for healthcare providers, the Pennsylvania Supreme Court confirmed in Mitchell v. Shikora that evidence of the risks and complications of a surgical procedure may be admissible in a medical negligence case that does...more

Ward and Smith, P.A.

North Carolina Birth Injury Cases

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The majority of the time medical professionals, including doctors and nurses, provide excellent care to their patients. However, sometimes care is provided that falls well below acceptable professional standards. When...more

Carlton Fields

Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On “Intertwined Claims” Estoppel

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A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment. While two of the defendants were signatories to...more

Nossaman LLP

Purchasing Cyber Insurance? Important Considerations from the Recent Nossaman/ UCI Cyber Symposium

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On October 12, 2015, Nossaman and UC Irvine hosted a Cyber Symposium at the City Club in Los Angeles. The event included four panels of Nossaman lawyers, UCI professors, and private professionals who are experts in the areas...more

Proskauer on Privacy

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

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Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When...more

Robinson & Cole LLP

Health Law Pulse - November 2014

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In This Issue: - Connecticut Supreme Court: HIPAA Does Not Preempt Negligence Claims - CMS Removes Continuing Education Exemption to Physician Payments Sunshine Act - Federal Government and New York...more

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