News & Analysis as of

Medical Malpractice

Florida Supreme Court Broadly Construes Constitutional Amendment and Facilitates Discovery of Peer Review Records

On October 26, 2017, in Edwards v. Thomas, et al. (SC15-1893), the Supreme Court of Florida reversed a decision of the Florida Second District Court of Appeal, holding that an external peer review report prepared in...more

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

by Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

Kentucky Physicians in the Headlines

by Faegre Baker Daniels on

Can any state rival Kentucky for keeping physicians in the headlines in recent days? Three big stories in a five-day span: On October 30 the Franklin Circuit Court struck down as unconstitutional a new Kentucky statute...more

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

by Baker Ober Health Law on

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Health Alert (Australia) 30 October 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 20 October 2017 - Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and...more

United Medical Center’s woes deepen as ratings group rips DC-area hospitals

Even as District of Columbia officials struggle with deepening woes at the United Medical Center (UMC), advocates from a national, independent, and nonprofit group have offered a dim review of hospitals in the DC area....more

Factual and Legal Issues of Malpractice in Ambulatory Surgical Centers

by Wilson Elser on

We all are familiar with complex medical malpractice lawsuits against hospitals that include claims against the numerous professionals and staff members involved in the treatment of admitted patients. The list of parties and...more

Health Alert (Australia) 23 October 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Australian Capital Territory 19 October 2017 - Medical Board of Australia v Helmy (Occupational Discipline) [2017] ACAT 85 -...more

Insurer Liable Though Physician Skips Med Mal Trial

by Faegre Baker Daniels on

Lancet Indemnity’s $1 M med mal policy had a standard clause requiring the insured, Dr. Ishtiaq Malik, to cooperate and assist Lancet and appointed counsel in investigating and defending claims. But when the family of...more

[Webinar] Long Term Care Employment Issues That Arise in Medical Malpractice Litigation - November 15th, 12:30pm ET

by LeClairRyan on

The long term care industry is highly labor intensive with numerous employment issues that can affect success of malpractice litigation. Join attorneys Nancy Reynolds and Brian Inamine for this complimentary, live one-hour...more

Using Lay Witnesses To Combat Experts: Taking A Knife To A Gun Fight?

by Bryan Cave on

Expert witnesses can be expensive. Yet, in estate disputes, they may be unavoidable. When a will gets challenged based on an alleged lack of testamentary capacity or undue influence, you can all but guarantee that the...more

Health Care E-Note - September 2017

by Burr & Forman on

On June 2, 2017, Anderson, South Carolina-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act...more

And So It Goes! (October 2017)

by JAMS on

In September I had work in Cleveland, Ohio. I had not been there in a number of years and I was astonished at the positive developments the city has made. It is filled with open spaces, little traffic congestion and winning...more

The Hinshaw Healthcare Bulletin - September 2017

by Hinshaw & Culbertson LLP on

A Primer on Illinois' Dead Man's Act and the Defense of Medical Negligence Claims - I. The Dead Man's Act and Its "Same Event Exception" Generally - In Illinois, the Dead Man's Act has unique implications on...more

N.Y. Court Holds that Manufacturer Cannot be Responsible for Medical Malpractice

by Reed Smith on

We harbor a suspicion that half the drug/device tort cases we encounter are really medical malpractice cases in search of a deeper pocket (thank you medmal damage cap statutes). We’ve said before that both Levine and Riegel...more

Imagination-in-Pleading Award

by Faegre Baker Daniels on

The Imagination-in-Pleading Award for September goes to plaintiff Willie Pearl Smith for her lawsuit against the Hospital Authority of Cobb County, Georgia, and related entities in connection with the death of her daughter,...more

The Largest EMTALA Settlement Underscores the Difficulty of Treating Behavioral Health Patients in the Emergency Room

by Burr & Forman on

On June 2, 2017, Anderson, S.C.-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act...more

Health Alert (Australia) 18 September 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 6 September 2017 - Finding of inquest into death of Phillip William Michell - Phillip William Michell died on 11 July 2015 at the...more

Health Care Matters, Summer 2017

by JAMS on

The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation - Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways...more

Ohio Supreme Court Interprets State’s Apology Statute to Protect Statement of Fault

by Reminger Co., LPA on

The Ohio Supreme Court recently affirmed that a health care provider’s statements of fault or statements admitting liability made during the course of apologizing to a patient or a patient’s family are prohibited from...more

Interesting and Useful Cases in Torts and Insurance - June 2017 in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance....more

Top 10 Health Technology Hazards for 2017

Clinicians, engineers, safety analysts and scientists at the ECRI Institute have released a looming list of things that could go wrong with modern medical devices and technology in the marketplace....more

Pennsylvania Supreme Court to Consider Effect of Facebook Posts on Discovery Rule

The Pennsylvania Supreme Court has agreed to hear an appeal in a medical malpractice case that made a woman’s personal Facebook posts about her health conditions central evidence in a dispute regarding whether she knew or...more

Health Alert (Australia) 22 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 August 2017 - South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 - NEGLIGENCE – assessment of damages...more

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