News & Analysis as of

Standard of Care Medical Malpractice

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

Kerr Russell

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

Kerr Russell on

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

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

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

Marshall Dennehey Attorneys Successful in Legal Malpractice Action Arising Out of a Complex Wrongful Medical Diagnosis Case - On October 10, 2023, Marshall Dennehey attorneys Jack Slimm and Jeremy Zacharias were successful in...more

Morris James LLP

The Dos and Don'ts of Medical Malpractice

Morris James LLP on

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

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

Kaufman & Canoles on

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

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

Holland & Hart LLP

Sports and Student Physicals: Legal Issues

Holland & Hart LLP on

It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...more

Bricker Graydon LLP

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

Bricker Graydon LLP on

To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...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

Morris James LLP

Failure to Follow Up

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Medical negligence, also known as medical malpractice, is not always the result of a healthcare provider’s action – sometimes medical negligence occurs when a healthcare provider fails to act. When a physician, nurse...more

Morris James LLP

Can Medical Negligence Cause Cerebral Palsy?

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The short answer is yes, medical negligence can cause cerebral palsy, and, when that happens, the law allows victims to hold negligent healthcare providers accountable....more

Morris James LLP

Ten of the Largest Medical Malpractice Verdicts of 2022

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2022 saw record-setting medical malpractice verdicts across the country. Juries have seen the pain and suffering caused by negligent healthcare providers, and are compensating innocent victims for both their financial and...more

Steptoe & Johnson PLLC

Fourth Circuit Sets Forth the Requirements for the ‘Loss of Chance’ Provision of West Virginia’s Medical Professional Liability...

Steptoe & Johnson PLLC on

The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a...more

Morris James LLP

What Is Medical Malpractice?

Morris James LLP on

You may be reading this because you or a loved one has suffered an injury due to a mistake by a healthcare professional. We understand this can be a very difficult situation for many reasons: the uncertainty of what went...more

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Buckingham, Doolittle & Burroughs, LLC

Legal Pulse: “Active Clinical Practice” Requirements Heightened for Expert Witnesses

A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more

Ward and Smith, P.A.

An Update on North Carolina Medical Malpractice Law

Ward and Smith, P.A. on

With an end to the COVID-19 pandemic in sight, it's hard to forget the terrible impact it had on our society and the tremendous strain it put on our medical community. Doctors, nurses, and other medical staff fought...more

Oberheiden P.C.

Why Are We Putting Patients at Greater Risk by Holding Telemedicine Doctors to an Outdated Ordinary Standard of Care?

Oberheiden P.C. on

Everything else in the world has changed, why not how we treat our doctors? If a doctor can only bill for a two-minute telemedicine consultation, why should that doctor be held to the ordinary standard of care? If insurance...more

Pullman & Comley - Connecticut Health Law

Notable 2020 Connecticut Decisions Affecting Health Care

Plaintiff Cannot Cure Defective Malpractice Opinion Letter with an Affidavit Connecticut law requires that a plaintiff in a medical malpractice action demonstrate the existence of his or her good faith by obtaining a written...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

Hinshaw & Culbertson - Health Care

Emergency Physician Not Qualified to Opine on Psychiatric Standard of Care: Hinshaw's Annual Guide to Key Illinois Medical...

Can an emergency medicine physician offer expert opinions about the standard of care for psychiatric evaluation in drug overdose cases? Fara Biundo, as Special Administrator of the Estate of Zenah S. Muhdi, Deceased v....more

Hinshaw & Culbertson - Health Care

Case Management Orders Must be Flexibly Applied in Cases Involving Minors: Hinshaw's Annual Guide to Key Illinois Medical...

Was a plaintiff's expert properly prevented from testifying about the allegedly improper care of plaintiff's son? Lin Jun Huang, as Mother and Next Friend of Adrian Zhaung, a minor v. Elmhurst Clinic, LLC, Elmhurst...more

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