News & Analysis as of

Expert Witness Health Care Providers

Miles Mediation & Arbitration

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence....more

Arnall Golden Gregory LLP

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Marshall Dennehey

Expert Witness Prematurely Disqualified Based on Not Maintaining an Active Clinical Practice

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Miles v. Cleveland Clinic Health Sys.-E Region, 8th Dist. Cuyahoga No. 112025, 2023-Ohio-2582 - The plaintiff’s sole medical expert was not, at the time of his deposition, engaged in active clinical practice due to his...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

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

Hinshaw & Culbertson - Health Care

Hinshaw's Annual Guide to Key Illinois Medical Malpractice Litigation: 2020 Edition

In a year where COVID-19, social injustice protesting, a contested national election, and even murder hornets challenged our sense of normalcy, Illinois courts decided medical malpractice disputes befitting a truly...more

Patterson Belknap Webb & Tyler LLP

Major Development in BCBS Association Antitrust Litigation

Antitrust litigation has been ongoing for several years in the U.S. District Court for the Northern District of Alabama against one of the biggest business associations in America, the Blue Cross Blue Shield Association...more

Holland & Knight LLP

AseraCare Announces Settlement of Landmark False Claims Act Case for $1 Million

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After litigation spanning more than a decade, hospice provider AseraCare announced its $1 million settlement with the U.S. Department of Justice (DOJ) in a closely-watched False Claims Act (FCA) case in the U.S. District...more

Sands Anderson PC

Affirmed: Think Twice Before Retaining An Expert Who Has Been Subject To Disciplinary Proceedings

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If you decide to retain an expert with a past disciplinary history, be prepared for that information to be used at trial to attack your expert’s credibility! In Gross v. Stuart the Supreme Court of Virginia held that it was...more

Butler Snow LLP

Pro Te: Solutio – Vol. 12, No. 3

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Summer is winding down, and Fall texted to say she is on her way. This means that Pro Te: Solutio is returning for its third edition of 2019. As always, our authors have taken the time to research and address current issues...more

Baker Donelson

Disagreements over a Medical Judgment Cannot Form the Basis for Liability Under the False Claims Act

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A new federal court decision offers a ray of light to those providers defending false claims actions based on an alleged lack of medical necessity. On September 9, 2019, the United States Court of Appeals for the Eleventh...more

Troutman Pepper

Eleventh Circuit Says Difference Of Opinion Does Not Establish Falsity In False Claims Act Case

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On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more

Esquire Deposition Solutions, LLC

Tips for Medical Malpractice Litigation

Winning a medical malpractice lawsuit has many different variables that need to be proven. Medical malpractice happens when a health care professional, doctor, or hospital, through a negligent act or omission, causes injury...more

Arnall Golden Gregory LLP

A “House of Cards”: DOJ Drops Out of ManorCare FCA Case After Judge Excludes Expert Witness

The Department of Justice (DOJ) filed a motion on November 17, 2017 to voluntarily dismiss its False Claims Act (FCA) case against HCR ManorCare, Inc. (ManorCare). Despite a years-long investigation, coupled with nearly three...more

Snell & Wilmer

Recent Arizona appellate decisions of note to providers

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With change, breaking news, and uncertainty dominating the legal concerns of health care providers on a federal level, it remains important to review and refresh on state-level concerns and legal rules. This is especially...more

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