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Appellate Courts Medical Malpractice

Steptoe & Johnson PLLC

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to...

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If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

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The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Hinshaw & Culbertson - Health Care

"Forum Shopping" Argument Rejected in Forum Non Conveniens Analysis: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can part-time work by one defendant in plaintiff's chosen forum preclude transfer for forum nonconveniens when the alleged malpractice and death occurred in another county, and the plaintiff and the vast majority of witnesses...more

Hinshaw & Culbertson - Health Care

Trial Court Erred in Refusing Non-Pattern Loss of Chance Instruction: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must a physician obtain informed consent to discharge? Is the long-form proximate cause instruction sufficient in "loss of chance" theory cases? Jill M. Bailey, Individually and as Independent Representative of the Estate...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

Cross-Examination About Medical Condition Without Formal Diagnosis Deemed Error: Hinshaw's Annual Guide to Key Illinois Medical...

Is evidence of syphilis sufficient to allow cross-examination of a treating physician relating to pain associated with that condition? Lugarda Castillo and Richard Castillo v. The Center for Athletic Medicine, et al., 2019...more

Hinshaw & Culbertson - Health Care

Dispositive Motions Should Proceed Only After Expert Discovery Completed: Hinshaw's Annual Guide to Key Illinois Medical...

What is the appropriate time for filing a dispositive motion in medical malpractice actions? Schicheng Guo, as Special Administrator of the Estate of Shinqian Bao, deceased v. International Teleradiology, LLC, Swedish...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

Hinshaw & Culbertson - Health Care

Standard of Care Opinions Outside an Expert's Specialty Barred: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can a physician offer standard of care opinions outside of his or her area of expertise? Thomas Ittersagen v. Advocate Health and Hospitals Corporation d/b/a Advocate Medical Group, et al.; Case No: 2020 IL App (1st) 190778...more

Hinshaw & Culbertson - Health Care

Trial Court Not "Without Discretion" When Plaintiff Fails to File Certificate of Merit:: Hinshaw's Annual Guide to Key Illinois...

Is a trial court "without discretion" to grant extension of time for obtaining certificate of merit when plaintiff fails to comply with 2-622? Terrance Owens v. Riverside Medical Center, et al., 2020 IL App (3d) 180391 - ...more

Hinshaw & Culbertson - Health Care

Expert Demonstrations Must Meet Substantially Similar Standard: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must an expert's demonstration be made under substantially similar conditions and circumstances as those which surrounded the occurrence? Can an expert opine regarding the permanency of injuries without recent medical data? ...more

Hinshaw & Culbertson - Health Care

Res Ipsa Loquitur in Practice: Hinshaw's Annual Guide to Key Illinois Medical Malpractice Litigation: 2020 Edition

Was a trial court's order barring all evidence related to plaintiff's res ipsa loquitur claim was improper? Alma Willis v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital and Health Centers, et al.,...more

Hinshaw & Culbertson - Health Care

Determining Future Lost Wages for Minor Child Speculative, But Unavoidable Task: Hinshaw's Annual Guide to Key Illinois Medical...

Was a trial court's award of $8.3 million to a minor child excessive? Yong Juan Zhao v. USA, 963 F.3d 692 (7th Cir. 2020) - Case Summary - This medical malpractice lawsuit involving an alleged shoulder dystocia...more

Fox Rothschild LLP

Proving Consent Was Not Informed Is Not So Easy For Medical Malpractice Plaintiffs

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Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the trial court’s instruction on...more

Harris Beach PLLC

New York Second Department Limits the Ability for Defendants to Testify as to Custom and Practice in Medical Malpractice Cases

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The Second Department of the Appellate Division, New York State Supreme Court, has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specific instance in medical...more

Hinshaw & Culbertson - Lawyers for the...

Florida Appellate Court Reduces Legal Malpractice Verdict From $5M to $250K Because Plaintiff Failed to Prove Underlying Judgment...

After a Florida law firm and one of its attorneys (defendants) were hit with a $5 million jury verdict in a case arising out of an underlying medical malpractice action, they—along with the firm's insurer—appealed. Because...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature - Major Deadlines: Last Day to Introduce Bills in This Session, Issue 7

We have now passed the first two major deadlines for this legislative session - the last days to introduce bills in both the House and Senate. While bills may still be originated in committee, the other deadlines still apply,...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature - Issue 5

By Friday, February 1, the 24th day of the 60-day regular session of the West Virginia Legislature, the House of Delegates had introduced 820 bills, while the Senate introduced 511. To date, only a handful of bills have...more

Pullman & Comley, LLC

Appellate Court Notes

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SC20088 - Arciniega v. Feliciano - One slate of petitioning candidates for a town committee election sued to have several signatures on the competing slate declared invalid. The competing slate intervened and filed a...more

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