News & Analysis as of

Informed Consent Negligence

Haight Brown & Bonesteel LLP

A Weighty Decision on Negligent Treatment Recommendations and Informed Consent

In Flores v. Liu (2021) __ Cal.App.5th __ (2021 WL 282302), the California Court of Appeal, Second Appellate District, held that a physician may be liable for negligently recommending a course of treatment in two situations,...more

Hinshaw & Culbertson - Health Care

Post-Trial Motion Required to Preserve Trial De Novo on Issues Decided by Jury: Hinshaw's Annual Guide to Key Illinois Medical...

Is a post-trial motion necessary to preserve the right to appeal any issue determined by the jury? Collin Crim v. Gina Dietrich, 2020 IL 124318 - Case Summary - Plaintiff, a minor, sustained a shoulder dystocia...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Pullman & Comley, LLC

Health Law From the Courts: Review of 2019 Connecticut Case Law

Pullman & Comley, LLC on

Our annual survey of health law cases for 2019 includes a number of notable decisions affecting the practice of medicine and the delivery of other health care services in Connecticut.  These include the Connecticut Supreme...more

White and Williams LLP

PA Supreme Court Confirms Risk/Complication Evidence Is Admissible for Standard of Care and Causation in Med Mal Cases

White and Williams LLP on

In a win for healthcare providers, the Pennsylvania Supreme Court confirmed in Mitchell v. Shikora that evidence of the risks and complications of a surgical procedure may be admissible in a medical negligence case that does...more

Troutman Pepper

Strict Liability for Lack of Informed Consent in Clinical Trials

Troutman Pepper on

Forty-five years ago, a scandalous medical experiment in Alabama caused the United States to reexamine the concept of informed consent. While that scrutiny continues today, a recent case from Alabama, Looney v. Moore,...more

Pullman & Comley, LLC

Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Pullman & Comley - Connecticut Health Law

2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Foster Garvey PC

Jackson v. Black Ink Tattoo Studio Inc.: Why Consent Forms for Tattoo Artists Are an Indelibly Good Idea

Foster Garvey PC on

The ability of tattoo artists to protect themselves from negligence lawsuits got a boost from a recent decision of a New York court. The case of Jackson v. Black Ink Tattoo Studio Inc. drew national interest since the...more

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