News & Analysis as of

Medical Malpractice

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

Patrick Malone & Associates P.C. | DC Injury...

Gynecologist guilty on U.S. charges, but questions linger about his practices

A federal criminal case concluded with felony convictions for a Virginia gynecologist. But the questions are only now beginning as to how a doctor could have caused so many women so much harm for so long without other...more

Rumberger | Kirk

3rd DCA Confirms Sovereign Immunity Applies to Private Entities Providing Healthcare to State Institutions

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In Lazzari v. Guzman, M.D., No. 3D19-597, 2020 WL 6302405(Fla. 3d DCA Oct. 28, 2020), the Third DCA upheld a trial court’s ruling that the University of Miami Miller School of Medicine (“UM”) was entitled to sovereign...more

The Angell Law Firm, LLC

What are the Types of Personal Injury Cases?

The Angell Law Firm, LLC on

More than once in our lives, we will find ourselves in undesirable situations.  Many times, it’s due to our own choices. However, sometimes we are in unfortunate situations due to the actions of someone else....more

Wiley Rein LLP

Doctor’s Guilty Plea Establishes Basis for “Willful Violation” Exclusion from Coverage in Wrongful Death Case

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Applying Nevada law, the Ninth Circuit has held that a professional liability insurer did not have a duty to defend or indemnify a doctor for a wrongful death action because the doctor’s guilty plea triggered an exclusion for...more

Wiley Rein LLP

Insurer Estopped from Denying Coverage for Legal Malpractice Action But Not Subsequent Disgorgement Action

Wiley Rein LLP on

The U.S. District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that an insurer is estopped from denying coverage for a legal malpractice action after defending the action for over a year...more

Oberheiden P.C.

Is Your Medical License at Risk? What Doctors Need to Know about ALJ Hearings

Oberheiden P.C. on

As a doctor, allegations of medical malpractice or other unlawful or unethical conduct can have wide-ranging implications. In addition to facing civil liability and the prospect of a significant increase in your medical...more

Womble Bond Dickinson

Medical Rationing: Putting the Greatest Good to the Test?

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Medical rationing is not something Americans are accustomed to, but COVID-19 may soon change that. As local hospitals become overwhelmed with COVID-19 patients, they may reach the point where they have to make grim decisions...more

Miller Canfield

Will the Real Party in Interest Please Stand Up?

Miller Canfield on

In Michigan, the general rule is that only a real party in interest may initiate a lawsuit. MCR 2.201(B). Although it is usually easy to identify the proper party (or parties), it becomes harder if a would-be plaintiff files...more

Buchalter

Malpractice Liability Considerations for Telehealth

Buchalter on

As the use of telehealth continues to increase, providers need to be mindful of the liability laws in the jurisdictions that they operate in. Similar to in-person medical practices, telehealth services carry liability and...more

American Conference Institute (ACI)

[Webinar] 19th Annual Advanced Forum on Obstetric Malpractice Claims - November 9th, 8:45 am - 6:00 pm EST

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. In 2019, there were several multi-million-dollar verdicts alone. During this one of a kind event, our unparalleled...more

White and Williams LLP

PA Supreme Court to Revisit Peer Review Protections for Credentialing

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In September, the Pennsylvania Supreme Court agreed with the urging of the Superior Court to hear an appeal on whether the Pennsylvania Peer Review Protection Act (PRPA or the Act) shields from discovery the evaluations of...more

Seyfarth Shaw LLP

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

Seyfarth Shaw LLP on

Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

Searcy Denney Scarola Barnhart & Shipley

The “Four D’s” of Medical Malpractice

“Medical malpractice” occurs when patients are harmed by doctors or some other medical professionals who fail to competently perform their medical duties. Medical malpractice rules, such as those related to notifying the...more

Morris James LLP

The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Delaware

Morris James LLP on

Losing a loved one without warning can be heartbreaking. Losing someone in a tragic incident caused by another person or entity's negligence can be even more painful. Unfortunately, this happens all too often—both in Delaware...more

Baker Donelson

Liability Protection Provisions in the New Republican COVID Relief Package

Baker Donelson on

Throughout the summer, Senate Majority Leader McConnell has emphasized that any additional COVID relief package would include COVID-related liability protections. While negotiations on an additional COVID package between the...more

Holland & Hart - Persuasion Strategies

Med-Mal Defendants: You Want a Jury of Educated Legal Skeptics

For trial lawyers, there is a great deal of lore on the kinds of jurors you would want for particular cases. While some attorneys will focus on traits like gender, age, or occupation, the smarter course, in my view, is to...more

Jones, Skelton & Hochuli, P.L.C.

Trial Court Cannot Prevent Recording of Independent Neuropsychological Exam

The Arizona Court of Appeals held yesterday on special action that a trial court abused its discretion by completely prohibiting the recording of an Ariz.R.Civ.P. 35(c)(2)(A) independent neuropsychological examination. In...more

Pierce Atwood LLP

COVID-19: Will Maine’s Long-term Care Facilities Become Targets for Class Action Litigation?

Pierce Atwood LLP on

Long-term care facilities have seen some of the worst of the COVID-19 pandemic since it erupted in March. In Maine, residents of nursing homes and other long-term care facilities make up a large portion of the state’s total...more

Hogan Lovells

First courts consider application of PREP Act Immunity in the context of removal

Hogan Lovells on

Earlier this year, we published various articles breaking down the March 10, 2020 Public Readiness and Emergency Preparedness Act (PREP Act) Declaration (the Declaration) related to COVID-19....more

Harris Beach PLLC

New York Supreme Court Allows Plaintiff to Plead Statutory Fraud Claim with Medical Malpractice Negligence Cause of Action

Harris Beach PLLC on

A New York Supreme Court allowed a Plaintiff to assert a statutory fraud claim in the context of deceptive business practices under New York General Business Law (“GBL”) § 349 against Plaintiff’s neurologist in conjunction...more

McAfee & Taft

A brief history of the future: Healthcare amid the pandemic

McAfee & Taft on

We want to share our perspective about various legal and regulatory issues and business challenges affecting the healthcare industry from COVID-19, along with a few anticipated changes in the legal and regulatory...more

Faegre Drinker Biddle & Reath LLP

PREP Act Does Not Require Federal Forum for State Law Negligence Claims Related to COVID-19

A New Jersey District Court Judge has ruled that the March 2020 federal liability immunity statute for pandemic-related countermeasures does not create a basis for federal jurisdiction, resulting in the remand of two...more

NAM (National Arbitration and Mediation)

The Mediation Of Catastrophic Injury Medical Malpractice Cases

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)...more

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