The Supreme Court of Appeals of West Virginia recently decided a class certification matter that suggests trial courts must undertake a closer examination of the requirements for certifying class actions in West Virginia...more
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
A recent $100 million verdict serves as a grim reminder for health care providers of the risk of paying independent contractors to market services. In United States v. Mallory, et al., the United States Court of Appeals for...more
On October 31, 2019, the Supreme Court of Pennsylvania decided Yanakos v. UPMC, et al. and declared the seven-year statute of repose under the Pennsylvania Medical Care Availability and Reduction of Error (“MCARE”) Act...more
11/14/2019
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Cause of Action Accrual ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Health Care Providers ,
Malpractice Insurance ,
Medical Malpractice ,
PA Supreme Court ,
Standard of Care ,
State Legislatures ,
Statute of Repose ,
Time-Barred Claims
In a 4-3 decision, the Supreme Court of Pennsylvania, overturning a Superior Court’s order, ruled that a jury could not consider information provided by the physician’s qualified staff in deciding whether a physician obtained...more