News & Analysis as of

Medical Malpractice

Searcy Denney Scarola Barnhart & Shipley

When Can a Telehealth Provider Be Held Liable for Medical Malpractice?

Even before the COVID pandemic, the number of doctor visits conducted online rather than in person was growing rapidly. During the pandemic, patients became more comfortable seeing providers online. Telehealth visits can be...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 3, Issue 4, 2026

Welcome to our fourth issue of 2026 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the record setting False Claims Act recovery results from 2025, proposed cuts at HHS, the...more

Carlton Fields

Florida Appeals Court Decisions Week of April 6 - 10, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Dish Network v. Fraifer - copyright infringement - Hayes v. OWCP - Black Lung Benefits Act, “year” - Faulk v. Dimerco Exp - § 1983, racial discrimination, improper arguments,...more

Marshall Dennehey

No Certificate of Merit Requirement in Federal Court

Marshall Dennehey on

Berk v. Choy, 607 U.S. ---, --- S. Ct. ---, 2026 WL 135975 (January 20, 2026) - In Pennsylvania, it has long been the rule that a party pursuing a lawsuit against a licensed professional must first obtain expert support for...more

Akerman LLP - Health Law Rx

Sunshine State of Health: Reviewing Florida’s 2026 Healthcare Legislation

During its recently adjourned regular session, the Florida Legislature passed several bills that affect the state’s healthcare industry, including legislation that creates a new specialty license type for Assisted Living...more

White and Williams LLP

PA Certificate of Merit Reform: Right Idea, Wrong Approach

White and Williams LLP on

Pennsylvania legislators have long grappled with striking the right balance between maintaining open courts to allow individuals truly injured by medical negligence to receive fair compensation against the equally important...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from March 20, 2026

Maynard Nexsen on

The Alabama Supreme Court issued its weekly release list on Friday, March 20, which included the following opinion of interest to the Alabama business community...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 3, Issue 3, 2026

Welcome to our third issue of 2026 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the call on the Department of Education to broaden the definition of “professional”...more

Searcy Denney Scarola Barnhart & Shipley

Florida Court Upholds $70.8 Million Verdict for Tampa General ER Negligence, Ruling Medicaid Status Cannot Limit Justice

In a precedent-setting decision, a Florida court has determined for the first time that Medicaid patients who seek emergency medical care are entitled to the same dignity, respect, compensation, and full legal protections...more

White and Williams LLP

PA Supreme Court Signals "New" Med Mal Venue Rules Are Here to Stay

White and Williams LLP on

On February 18, 2026, the Pennsylvania Supreme Court issued an order backtracking on its prior commitment to review a formal study conducted by the Civil Procedural Rules Committee to examine the practical impact the...more

Maison Law

Wrongful Death in California Accidents: Do You Have a Claim?

Maison Law on

Losing a loved one to the negligence of another person is devastating, but insult is added to injury when you begin to receive expensive bills for medical expenses, the funeral and the burial. This is only the beginning...more

Maison Law

Your Rights After an Injury in a California Drug Rehab Facility

Maison Law on

The booming drug rehabilitation industry promises hope to a wide range of people, but it also carries some surprising risks. People who leave a healing place don't expect to exit with new injuries. The detox process, staff...more

Searcy Denney Scarola Barnhart & Shipley

Understanding the Lifetime Costs of Birth Injuries with Long-Term Effects

While some birth injuries only have short-term consequences, others can have long-term effects. In many cases, injuries resulting from oxygen deprivation, physical trauma during delivery, and other care-related issues will...more

Phelps Dunbar

Georgia Supreme Court Hears the Case for Medical Malpractice Damages Cap

Phelps Dunbar on

Georgia’s Supreme Court justices raised questions about recent arguments to cap damages in medical malpractice cases. Though a decision isn’t expected for several months, health care insurers and litigators should prepare for...more

Searcy Denney Scarola Barnhart & Shipley

What Can You Expect After You File a Wrongful Death Claim in Florida?

If you have tragically lost a loved one in a fatal accident or due to a fatal medical mistake, you may have grounds to file a wrongful death claim. ...more

Marshall Dennehey

Pennsylvania Supreme Court Broadens MHPA Immunity to Include Ordinary Negligence in Physical Care During Involuntary Commitment

Marshall Dennehey on

Wunderly v. Saint Luke’s Hospital of Bethlehem, 345 A.3d 692 (Pa. 2025) - The Pennsylvania Supreme Court has recently expanded the scope of provider immunity under the Mental Health Procedures Act (MHPA), holding that the...more

Marshall Dennehey

New Jersey Supreme Court Eases Affidavit of Merit Standard for Multi-Specialty Physicians in Medical Malpractice Cases

Marshall Dennehey on

Wiggins v. Hackensack Meridian Health, et al., 259 N.J. 562 (2025) - A landmark decision with widespread implications for New Jersey medical malpractice law addresses whether an Affidavit of Merit from a board-certified...more

Marshall Dennehey

Ohio Appellate Courts Split on Constitutionality of Medical Malpractice Damages Cap: Sixth District Enforces Limit

Marshall Dennehey on

McNalley v. Keiser, 2025-Ohio 5561 - Earlier this year, the 10th District and the 8th District in Lyon v. Riverside Methodist Hospital, 2025-Ohio-2991 (10th Dist.) and Paganini v. Cataract Eye Center of Cleveland,...more

Baker Donelson

Berk v. Choy: What the Supreme Court's Ruling Means for Medical Malpractice Litigation

Baker Donelson on

The United States Supreme Court recently resolved a split among federal circuits over the applicability of state "affidavit of merit" requirements in health care liability actions in federal court involving citizens of...more

Searcy Denney Scarola Barnhart & Shipley

Medical Malpractice in the Emergency Room: When Can (and Should) You File a Claim?

When you go to the emergency room, you expect to get the care you need. You expect hospital staff to triage your medical needs appropriately, and you expect your doctors and nurses to do what they can to help you recover as...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V3,Issue 2, 2026

Welcome to our second issue of 2026 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at recent guidance from HHS urging healthcare providers to step up cybersecurity efforts,...more

Freeman Mathis & Gary

Capping catastrophe: Is Ohio’s catastrophic-injury limit constitutional?

Freeman Mathis & Gary on

Last week, the Supreme Court of Ohio was asked if Ohio’s cap on noneconomic damages in medical malpractice actions was constitutional. On one side, John Paganini argued it was not as applied to him and asked the Court to...more

MG+M The Law Firm

SCOTUS Affirms That Affidavits-of-Merit Not Required to Support Professional Malpractice Lawsuits in Federal Court

MG+M The Law Firm on

More than half of the US states require the filing of an affidavit or a certificate of merit as a prerequisite to advancing a professional malpractice or liability claim. Failure to submit the required documentation may...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from February 6, 2026

Maynard Nexsen on

The Alabama Supreme Court issued its weekly release list on Friday, February 6, which included the following opinion of potential interest to the Alabama business community...more

Freeman Mathis & Gary

Big changes in med-mal: SCOTUS bars Delaware’s affidavit-of-merit in Federal Court

Freeman Mathis & Gary on

In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. Delaware law...more

726 Results
 / 
View per page
Page: of 30

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide