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Professional Malpractice Health

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

by Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

by Baker Ober Health Law on

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Health Alert (Australia) 30 October 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 20 October 2017 - Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and...more

Factual and Legal Issues of Malpractice in Ambulatory Surgical Centers

by Wilson Elser on

We all are familiar with complex medical malpractice lawsuits against hospitals that include claims against the numerous professionals and staff members involved in the treatment of admitted patients. The list of parties and...more

Florida Supreme Court: Physicians' Peer Reviews Not Protected from Public Disclosure

by Holland & Knight LLP on

• The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company in...more

Health Alert (Australia) 23 October 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Australian Capital Territory 19 October 2017 - Medical Board of Australia v Helmy (Occupational Discipline) [2017] ACAT 85 -...more

Florida Supreme Court Says External Peer Review Reports are Discoverable Under Amendment 7

by Carlton Fields on

On October 26, in Edwards v. Thomas, et al. (SC15-1893) the Florida Supreme Court held that external peer review reports are discoverable under Amendment 7. ...more

[Webinar] Long Term Care Employment Issues That Arise in Medical Malpractice Litigation - November 15th, 12:30pm ET

by LeClairRyan on

The long term care industry is highly labor intensive with numerous employment issues that can affect success of malpractice litigation. Join attorneys Nancy Reynolds and Brian Inamine for this complimentary, live one-hour...more

Health Care E-Note - September 2017

by Burr & Forman on

On June 2, 2017, Anderson, South Carolina-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act...more

And So It Goes! (October 2017)

by JAMS on

In September I had work in Cleveland, Ohio. I had not been there in a number of years and I was astonished at the positive developments the city has made. It is filled with open spaces, little traffic congestion and winning...more

The Hinshaw Healthcare Bulletin - September 2017

by Hinshaw & Culbertson LLP on

A Primer on Illinois' Dead Man's Act and the Defense of Medical Negligence Claims - I. The Dead Man's Act and Its "Same Event Exception" Generally - In Illinois, the Dead Man's Act has unique implications on...more

N.Y. Court Holds that Manufacturer Cannot be Responsible for Medical Malpractice

by Reed Smith on

We harbor a suspicion that half the drug/device tort cases we encounter are really medical malpractice cases in search of a deeper pocket (thank you medmal damage cap statutes). We’ve said before that both Levine and Riegel...more

Perspectives for the Professions Newsletter - September 2017: Importance of Clear Guidelines and Policies

by Field Law on

Silwin v College of Physicians and Surgeons, 2017 ONSC 1947, upholding a Discipline Committee’s decision to reject a defence of officially induced error on the basis that the professional unreasonably misinterpreted the...more

Health Alert (Australia) 18 September 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 6 September 2017 - Finding of inquest into death of Phillip William Michell - Phillip William Michell died on 11 July 2015 at the...more

Health Care Matters, Summer 2017

by JAMS on

The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation - Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways...more

Ohio Supreme Court Interprets State’s Apology Statute to Protect Statement of Fault

by Reminger Co., LPA on

The Ohio Supreme Court recently affirmed that a health care provider’s statements of fault or statements admitting liability made during the course of apologizing to a patient or a patient’s family are prohibited from...more

Better Healthcare Newsletter from Patrick Malone - September 2017

Deflating the hype and exposing the risks of stem-cell treatments - Stem cells and regenerative medicine—a promising and complex field that has been a preoccupation of no less than popes, presidents, and top health policy...more

Health Alert (Australia) 22 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 August 2017 - South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 - NEGLIGENCE – assessment of damages...more

Protecting Vulnerable Adults While Protecting Their Physicians – A Proposed Statutory Amendment

by Snell & Wilmer on

The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore...more

Health Alert (Australia) 14 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 10 August 2017 - Inquest into the Death of Stephen Herczeg 57/2016 (1808/2016) - The said Court finds that Stephen Herczeg aged 72...more

Health Alert (Australia) 7 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 July 2017 - Spragg and Australian Health Practitioner Regulation Agency [2017] WASAT 103 - The applicant made a complaint to the...more

Health Alert (Australia) 31 July 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 24 July 2017 - Medical Board of Australia v Soo [2017] SAHPT 10 - In this proceeding, the respondent, a physiotherapist, was alleged to have...more

Have You Properly Obtained Informed Consent?

by Burr & Forman on

In June, the Pennsylvania Supreme Court issued a controversial opinion holding that a physician had to have face-to-face interaction with the patient to effectively obtain informed consent. This has raised heightened...more

Obtaining informed consent now requires full disclosure of certain surgical assistants

by McAfee & Taft on

In a previous article titled “Oklahoma Supreme Court broadens scope of state’s informed consent law,” we reported on the Oklahoma Supreme Court’s expansion of the state’s informed consent law as it relates to the requirements...more

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