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Polsinelli Podcast - Avoiding Professional Liability
Medical Malpractice Litigation
The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more
Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty - Kunkel v. Abington Memorial Hospital, 2024 PA Super 298 (Pa. Super. Ct. Dec. 13, 2024) - The Superior Court of Pennsylvania...more
A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more
A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more
Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence....more
To diminish the number of frivolous lawsuits that patients file against doctors and hospitals, 28 states require that a plaintiff submit an affidavit or certificate of merit when they file a medical malpractice case....more
Marshall Dennehey Attorneys Successful in Legal Malpractice Action Arising Out of a Complex Wrongful Medical Diagnosis Case - On October 10, 2023, Marshall Dennehey attorneys Jack Slimm and Jeremy Zacharias were successful in...more
To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more
In recent years, issues surrounding the admissibility of expert witness testimony in medical malpractice matters have been more prevalent than ever. In general, Ohio law mandates that medical claims are sufficiently supported...more
A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more
Can an emergency medicine physician offer expert opinions about the standard of care for psychiatric evaluation in drug overdose cases? Fara Biundo, as Special Administrator of the Estate of Zenah S. Muhdi, Deceased v....more
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
Did a trial court err in excluding evidence of subsequent formal diagnosis of autism when potentially alternative cause of current condition of minor? Julien Florez v. Northshore University Healthsystem d/b/a Evanston...more
Can the trial court properly bar plaintiff from introducing defendant radiologist's Rule 213(f)(iii) disclosure as an admission against interest, or questioning him about the American College of Radiology (ACR) practice...more
Must an expert's demonstration be made under substantially similar conditions and circumstances as those which surrounded the occurrence? Can an expert opine regarding the permanency of injuries without recent medical data? ...more
Was a trial court's award of $8.3 million to a minor child excessive? Yong Juan Zhao v. USA, 963 F.3d 692 (7th Cir. 2020) - Case Summary - This medical malpractice lawsuit involving an alleged shoulder dystocia...more
Issue - Can a party who has disclosed a physician as a controlled expert witness pursuant to 213(f)(3) later redesignate that expert as a consultant pursuant to Rule 213(b)(3)? Alexis Dameron v. Mercy Hospital and Medical...more
Marquardt v. Schaffhausen, 941 N.W.2d 715 (Minn. 2020), for example, is a medical malpractice action where Patricia Marquardt suffered a brain injury when she developed an untreated infection after undergoing a knee...more
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
Recent outcomes in New York state underscore the need for defendants to challenge plaintiff’s novel causation theories and pursue a Frye hearing when applicable, particularly in the medical malpractice context when plaintiffs...more
In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. It means “first, do no harm” and is the ethical guiding principle in the medical profession. Inherent in this...more
We are now just over halfway through the legislative session. By Friday, February 8, the 31st day of the 60 day regular session of the West Virginia Legislature, the House of Delegates had introduced 944 bills, while the...more
Winning a medical malpractice lawsuit has many different variables that need to be proven. Medical malpractice happens when a health care professional, doctor, or hospital, through a negligent act or omission, causes injury...more