News & Analysis as of

Appellate Courts Medical Malpractice

Marshall Dennehey

Precedential Opinion: Superior Court of Pennsylvania Upholds the Enforceability of a Venue-Selection Clause in the Context of a...

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Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients....more

Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

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U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...more

Kerr Russell

Michigan Supreme Court Declines to Revisit Medical Malpractice Damages Cap

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The Michigan Supreme Court recently declined to weigh in on an important question about whether the state’s cap on non-economic damages in medical malpractice lawsuits violates the Michigan Constitution. (In re Certified...more

White and Williams LLP

Pennsylvania Superior Court Blesses Venue Selection Clauses in Medical Malpractice Cases

In 2023, the Supreme Court of Pennsylvania enacted a significant change to the Rules of Civil Procedure enabling plaintiffs in medical malpractice cases to bring suit in any venue where a corporate healthcare defendant...more

Arnall Golden Gregory LLP

AGG Supports GHA and MAG in Latest Successful Step to Cap Wrongful Death Damages

On June 24, 2025, the Supreme Court of Georgia vacated the Georgia Court of Appeals’ decision refusing to apply Georgia’s $350,000 damages cap to reduce a $7.2 million award of wrongful death damages in a medical malpractice...more

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Carlton Fields

Florida Appeals Court Decisions Week of March 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals  - USA v. Murat - sentencing - Johnson v. Fla DOC - Confrontation Clause, medical report - US Sugar v. US Army Corp of Eng’rs - administrative challenge, Everglades...more

Harris Beach Murtha PLLC

New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more

Marshall Dennehey

Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is...

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On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more

Steptoe & Johnson PLLC

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to...

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If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more

Roetzel & Andress

Roetzel & Andress: 2020 Appellate Year In Review

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The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Hinshaw & Culbertson - Health Care

"Forum Shopping" Argument Rejected in Forum Non Conveniens Analysis: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can part-time work by one defendant in plaintiff's chosen forum preclude transfer for forum nonconveniens when the alleged malpractice and death occurred in another county, and the plaintiff and the vast majority of witnesses...more

Hinshaw & Culbertson - Health Care

Trial Court Erred in Refusing Non-Pattern Loss of Chance Instruction: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must a physician obtain informed consent to discharge? Is the long-form proximate cause instruction sufficient in "loss of chance" theory cases? Jill M. Bailey, Individually and as Independent Representative of the Estate...more

Hinshaw & Culbertson - Health Care

Emergency Physician Not Qualified to Opine on Psychiatric Standard of Care: Hinshaw's Annual Guide to Key Illinois Medical...

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

Hinshaw & Culbertson - Health Care

Cross-Examination About Medical Condition Without Formal Diagnosis Deemed Error: Hinshaw's Annual Guide to Key Illinois Medical...

Is evidence of syphilis sufficient to allow cross-examination of a treating physician relating to pain associated with that condition? Lugarda Castillo and Richard Castillo v. The Center for Athletic Medicine, et al., 2019...more

Hinshaw & Culbertson - Health Care

Dispositive Motions Should Proceed Only After Expert Discovery Completed: Hinshaw's Annual Guide to Key Illinois Medical...

What is the appropriate time for filing a dispositive motion in medical malpractice actions? Schicheng Guo, as Special Administrator of the Estate of Shinqian Bao, deceased v. International Teleradiology, LLC, Swedish...more

Hinshaw & Culbertson - Health Care

Case Management Orders Must be Flexibly Applied in Cases Involving Minors: Hinshaw's Annual Guide to Key Illinois Medical...

Was a plaintiff's expert properly prevented from testifying about the allegedly improper care of plaintiff's son? Lin Jun Huang, as Mother and Next Friend of Adrian Zhaung, a minor v. Elmhurst Clinic, LLC, Elmhurst...more

Hinshaw & Culbertson - Health Care

Standard of Care Opinions Outside an Expert's Specialty Barred: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can a physician offer standard of care opinions outside of his or her area of expertise? Thomas Ittersagen v. Advocate Health and Hospitals Corporation d/b/a Advocate Medical Group, et al.; Case No: 2020 IL App (1st) 190778...more

Hinshaw & Culbertson - Health Care

Trial Court Not "Without Discretion" When Plaintiff Fails to File Certificate of Merit:: Hinshaw's Annual Guide to Key Illinois...

Is a trial court "without discretion" to grant extension of time for obtaining certificate of merit when plaintiff fails to comply with 2-622? Terrance Owens v. Riverside Medical Center, et al., 2020 IL App (3d) 180391 - ...more

Hinshaw & Culbertson - Health Care

Expert Demonstrations Must Meet Substantially Similar Standard: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

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

Hinshaw & Culbertson - Health Care

Res Ipsa Loquitur in Practice: Hinshaw's Annual Guide to Key Illinois Medical Malpractice Litigation: 2020 Edition

Was a trial court's order barring all evidence related to plaintiff's res ipsa loquitur claim was improper? Alma Willis v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital and Health Centers, et al.,...more

Hinshaw & Culbertson - Health Care

Determining Future Lost Wages for Minor Child Speculative, But Unavoidable Task: Hinshaw's Annual Guide to Key Illinois Medical...

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

Fox Rothschild LLP

Proving Consent Was Not Informed Is Not So Easy For Medical Malpractice Plaintiffs

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Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the trial court’s instruction on...more

Harris Beach Murtha 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

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