News & Analysis as of

Appellate Courts › Medical Malpractice › Health Care Providers

Marshall Dennehey

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

Marshall Dennehey on

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

Kerr Russell

Michigan Supreme Court Declines to Revisit Medical Malpractice Damages Cap

Kerr Russell on

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

Marshall Dennehey

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

Marshall Dennehey on

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

Harris Beach Murtha PLLC

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

Harris Beach Murtha PLLC on

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...

Marshall Dennehey on

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

Hinshaw & Culbertson - Health Care

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

Hinshaw & Culbertson - Health Care on

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...

Hinshaw & Culbertson - Health Care on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

SC20088 - Arciniega v. Feliciano - One slate of petitioning candidates for a town committee election sued to have several signatures on the competing slate declared invalid. The competing slate intervened and filed a...more

9 Results
 / 
View per page
Page: of 1

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide