News & Analysis as of

Medical Malpractice

We, the Jury

by Reed Smith on

Last week we served on a jury in a medical malpractice verdict. To put it mildly, we were surprised that we made it through the peremptory gauntlet. The verdict? It was an enlightening and edifying experience....more

Employment Performance Review Excluded from Peer Review Confidentiality

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court ruled, on March 27, 2018, in Regenelli v. Boggs, Monogahela Valley Hospital and UPMC/ERMI that physician performance reviews of an ER physician, who was provided by ERMI to Mon Valley Hospital,...more

Federal Prohibition of Marijuana Restricts Lenders Ability to Issue Loans to Borrowers Employed in Marijuana Industry

by Hinshaw & Culbertson LLP on

A Rhode Island mortgage lender recently rescinded approval of a loan application because the prospective borrower reported income from his employment in Rhode Island's medical marijuana industry. The lender was aware of the...more

How Much Protection Does the Peer Review Protection Act Really Provide?

by Barley Snyder on

A recent court ruling has significantly changed the scope of what is available in the discovery process of medical malpractice litigation, making it easier for plaintiffs to obtain materials related to physician performance...more

Malpractice by a Computerized Decision-Support Tool?

by Holland & Knight LLP on

Mrs. Skounakis died of a coronary artery occlusion after being prescribed an unusual combination of drugs (phendimetrazine and liothyronine) by Dr. Sotillo for weight loss. Her husband sued Dr. Sotillo for malpractice. What...more

Have Another Bite at the Respondent in Discovery Apple: Illinois Appellate Courts Allow Plaintiffs to File an Amended Complaint...

by Locke Lord LLP on

On March 23, 2018, the Second District of the Illinois Appellate Court joined the First District in allowing plaintiffs to invoke the Illinois’ Respondent in Discovery Statute (735 ILCS 5/2-402) to file an amended complaint...more

Health Care Newsletter - March 2018

by Hinshaw & Culbertson LLP on

Competency of an Expert Witness and Rule 219(e) Questioned by Illinois Court of Appeals in Medical Malpractice Decision - Freeman v. Crays, 2018 IL App (2d) 170169 provides guidance for defending medical malpractice cases...more

Medicaid Recipients Can Keep More of an Award Thanks to Recent Budget Deal

If you are injured due to medical malpractice or because of another person's negligence, you could receive care through your state's Medicaid program. In such cases, the state has a legal right to recover funds from your...more

Blinded By Surgery

by Howard Ankin on

Medical mistakes and physician errors during cataract surgery often result in partial vision loss or permanent blindness for patients....more

What happens to MDs in trouble? Hundreds just move on to another state

When doctors get in trouble for repeatedly malpracticing on patients, what do they do? Many mosey down the road and practice elsewhere. That’s because the professional licensing system is a state-by-state patchwork, with a...more

Health Alert (Australia) 5 March 2018

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 1 March 2018 - Holcombe v Hunt [2018] VSC 55 - JUDICIAL REVIEW AND APPEALS – Appeal from refusal to extend limitation period – Claim...more

Punitive Damages Awarded in Malpractice Case of Destroyed Medical Record

by Harris Beach PLLC on

In Gomez v. Cabatic, 2018 N.Y. Slip Op. 00278, the Second Department upheld an award of punitive damages against a physician who was alleged to have destroyed portions of a medical record. The Gomez case involved a claim...more

2017 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

by 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

Wrongful Death Claims in North Carolina

by Ward and Smith, P.A. on

Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more

New York Law Extends Statute of Limitations for Failure to Diagnose Cancer

by Harris Beach PLLC on

On January 31, 2018, New York State Governor Andrew M. Cuomo signed into law Senate Bill S 7588-A, which amended the statute of limitations for medical, dental and podiatric malpractice cases where there is an alleged failure...more

5 Facts about Personal Injury Claims in Georgia

by The Brown Firm on

5 Facts about Personal Injury Claims in Georgia When you have become a victim of someone else's negligent actions, it can be overwhelming to know just exactly what to do. Before you begin worrying, let's take a few minutes to...more

Artificial Intelligence and Health Care—Key Regulatory Considerations for U.S. Operations

by Jones Day on

The Situation: Artificial intelligence is being used in innovative ways in the health care industry to drive down costs and improve clinical outcomes. The Issue: The health care industry, including the provision of health...more

New York Appellate Division Allows Punitive Award Based On Post-Injury Spoliation of Evidence But Reduces Ratio to 1:1

In Gomez v. Cabatic, the New York Appellate Division, Second Department, affirmed the imposition of punitive damages in a medical malpractice case based on the defendant’s destruction of documents in an effort to avoid...more

Are Doctors Responsible for Damages to the Victims of the Opioid Epidemic

by Howard Ankin on

Physicians play a significant role in opioid abuse, addiction, and death by overprescribing painkillers and when injuries occur, they may be held liable for damages. The number of opioid overdoses has soared to record levels...more

Liability of Healthcare Providers in the Wake of Maryland’s Opioid Crisis

by Pessin Katz Law, P.A. on

When it comes to opioid use, the U.S. is in a league of its own. Roughly eighty percent of the world’s opioid supply is consumed within the United States. Drug overdose is the leading cause of accidental death in the United...more

Patients Stand To Lose if Amendment 7 Goes to Polls

Protecting Hospitals — Sacrificing Patients - Patient Access to Adverse-Incident Reports Threatened - Florida’s Constitution Revision Commission has on its 2018 agenda a proposal to amend a provision that gives parties...more

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

by Rumberger Kirk & Caldwell on

In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

South Florida Breast Exams — Mammogram Quality in Question

Mammogram Studies and Their Quality - Medical professionals have debated the frequency and relative age for performing mammogram studies on women; some claiming that once yearly is too often and under 50 years old is too...more

Sacramento Court: Only a Health Care Agent Can Contract for Placement in an RCFE

by Downey Brand LLP on

Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more

Opioid Lawsuits | The Fight Against Prescription Pain-Killers

by The Brown Firm on

Addiction to Opioid Narcotic Drugs Spreads Throughout the Nation - Thousands of Americans have been touched by the nationwide crisis of opioid addiction. Opioids are powerful prescription medications intended to give pain...more

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