News & Analysis as of

Medical Malpractice Healthcare

Snell & Wilmer

Arizona Supreme Court Decides Cipro’s Black Box Warning Cannot Replace an Expert Opinion

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In Arizona, civil claims against health care professionals must be accompanied by a certified statement regarding whether “expert opinion testimony is necessary to prove the health care professional’s standard of care or...more

Miles Mediation & Arbitration

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

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

Napoli Shkolnik

What Is Polypharmacy And Why Should You Care?

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Polypharmacy is Medspeak for taking more than one prescription medication at a time. About one in five Americans over age 49 is a polypharmicist, of sorts....more

Miles Mediation & Arbitration

5 Strategies for Preparing for Your Healthcare Mediation 

Preparing to mediate a healthcare liability case in Georgia? Whether you have a medical malpractice case against professionals, a wrongful death case, or a negligence case against a healthcare entity, as a trial attorney and...more

Buckingham, Doolittle & Burroughs, LLC

Hey Doc, Be Careful on TikTok - Legal Pitfalls of Healthcare Providers in the Social Media Age

Imagine you are scrolling on TikTok, Facebook, Instagram, or one of the multitude of other social media platforms that almost every one of us have on our devices, and you come across a video of a physician discussing medical...more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know About Filing a Medical Malpractice Claim in Florida

The risk of suffering unnecessary complications due to medical malpractice is a concern for patients and families across Florida. While all healthcare providers have a duty to ensure that they provide a professional standard...more

Pullman & Comley, LLC

Significant 2023 Connecticut Health Care Case Law

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Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers summarizes a number of important decisions issued in 2023 by Connecticut state and federal courts. Among the highlights are...more

Napoli Shkolnik

Diagnostic Errors Claim Nearly 800,000 American Lives Per Year, Study Finds

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A new study shows that approximately 371,000 people die and 424,000 sustain permanent disabilities due to diagnostic error, including brain damage, blindness, loss of limbs or organs or metastasized cancer....more

Epstein Becker & Green

SCOTUS Lets National Practitioner Data Bank Safeguards Stand

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Last month, the U.S. Supreme Court declined to review a case challenging the sufficiency of due process protections in the Health Care Quality Improvement Act (HCQIA) and National Practitioner Data Bank (NPDB), effectively...more

Polsinelli

Med-Staff Newsletter - October 2023 | VOL 12

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Do the Right Thing — Reporting Voluntary Actions Taken While “Under Investigation” to the NPDB - Many health care entities struggle with the dilemma of whether and when to make reports to the National Practitioner Data...more

DRI

When AI Becomes the Standard

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Technology that was once only a thing of fiction, used by Captain Kirk and his crew on the USS Enterprise to scan and medically diagnose crew members in the popular sci-fi television series Star Trek, can now be found...more

Robinson+Cole Health Law Diagnosis

Connecticut Supreme Court Issues Opinions Addressing Scope of Immunity for Health Care Workers Under Governor Lamont’s Executive...

On August 8, 2023, the Connecticut Supreme Court issued opinions in Mills v. Hartford HealthCare Corp.and Manginelli v. Regency House of Wallingford, Inc.that addressed the scope of immunity for health care workers and...more

Buckingham, Doolittle & Burroughs, LLC

“Active Clinical Practice” Requirements for Expert Witnesses Now Evaluated at the Time of Alleged Malpractice

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

Bradley Arant Boult Cummings LLP

Post-Roe Texas: Unanticipated Effects of the Human Life Protection Act of 2021

Last summer the Supreme Court overturned Roe v. Wade, the landmark ruling that established the constitutional right to abortion. On August 25, 2022, Texas’ Human Life Protection Act of 2021 (“HLPA” or the “Act”), colloquially...more

Console and Associates, P.C.

Patients’ Legal Options After Experiencing IVF Malpractice or Other Forms of Fertility Clinic Negligence

Undergoing fertility treatment is an emotional journey. And between the invasive procedures and medications, Assisted Reproductive Technologies can take a tremendous toll on a family, even when things go as planned. However,...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Telehealth and the Risks of Medical Malpractice

Telehealth practices can be tremendously helpful for patients who live in remote areas far from doctors. Telehealth can also protect healthcare providers and patients from exposure to infectious diseases. But telehealth...more

Pullman & Comley - Connecticut Health Law

CT Supreme Court Issues Important Decision Regarding Med Mal Opinion Letters

Health care providers should take note of a recent decision of the Connecticut Supreme Court that may make it easier for individuals to bring medical malpractice actions. In Carpenter v. Daar, 346 Conn. 80 (2023), the court...more

Pullman & Comley - Connecticut Health Law

Significant 2022 Connecticut Health Law Cases

Significant health care cases of 2022 included a surprise billing unfair trade practices case, a class action recognizing a patient’s constitutionally protected interest in their inpatient classification and a ruling...more

Nossaman LLP

California’s New Apology Law and Its Impact on Peer Review Hearings

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Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law.  But California has passed a new “apology law” that modifies that standard, erecting a...more

Polsinelli

Med-Staff Newsletter - August 2022 | VOL 10

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Whether you are new to medical staff leadership or have served in the past and have been called to serve again, there are times when you will need to consult a lawyer who specializes in medical staff matters. While there is...more

Faegre Drinker Biddle & Reath LLP

Illinois Court Finds Prejudgment Interest Statute Unconstitutional

On May 27, 2022, the Circuit Court of Cook County ruled that Illinois’ recently enacted prejudgment interest statute is unconstitutional. Hyland v. Advocate Health and Hospitals Corporation, et al., No. 2017-L-003541...more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

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The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

Arnall Golden Gregory LLP

Supreme Court To Hear Case Regarding Section 1983 Enforcement of FNHRA Violations

The Supreme Court, on May 2, 2022, granted certiorari to consider whether certain provisions in the Federal Nursing Home Reform Act (“FNHRA”) create rights that are federally enforceable by nursing home residents under 42...more

Polsinelli

California’s Long-Standing MICRA Law is About to Change

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California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more

Buckingham, Doolittle & Burroughs, LLC

Legal Pulse: “Active Clinical Practice” Requirements Heightened for Expert Witnesses

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

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