News & Analysis as of

Damages Health Care Providers

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published April 2025

Highlights from this issue include Rule 23(b)(3) Damages....more

Fox Rothschild LLP

Business Court Assesses Duties to Protect Patient Information Shared Through Electronic Portals

Fox Rothschild LLP on

A Durham County class action asks whether “My Chart,” a widely used portal that medical providers use to communicate with patients about test results, conditions, and treatments should more aptly be labeled “Our Chart.”...more

Polsinelli

Federal Court Finds False Claims Act Penalty Unconstitutionally Excessive

Polsinelli on

On February 26, 2025, the U.S. District Court for the Northern District of Texas issued a significant False Claims Act (FCA) ruling in United States of America ex rel. Cheryl Taylor v. Healthcare Associates of Texas, LLC,...more

Jones Day

Federal Court Rejects False Claims Act's Draconian Penalties

Jones Day on

Following a jury's verdict, a federal court slashed civil penalties under the False Claims Act ("FCA") as violative of the Constitution's 8th Amendment....more

Arnall Golden Gregory LLP

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...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

Bradley Arant Boult Cummings LLP

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. ...more

Morris James LLP

Child and Pediatric Medical Malpractice FAQs

Morris James LLP on

When a child suffers harm due to medical negligence, the emotional toll on families can be overwhelming. Parents trust healthcare providers to deliver care that protects and nurtures their child’s well-being. When they make...more

Morris James LLP

Medical Negligence and Paralysis: What Victims Need to Know

Morris James LLP on

Few injuries are as life-altering as paralysis. What makes this already devastating condition even more heartbreaking is when it results from a preventable medical error. Whether it’s due to a surgical mistake, a missed...more

Kerr Russell

New Michigan Legislation Aims to Unravel Medical Liability Reform

Kerr Russell on

Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more

Morris James LLP

Failure to Diagnose a Heart Condition

Morris James LLP on

A heart condition can often be a silent but serious threat to a person’s health. Timely diagnosis and treatment are crucial to prevent life-altering or fatal consequences. However, when a healthcare provider fails to diagnose...more

Console and Associates, P.C.

What Victims of Dr. Oumair Aejaz Should Know About Filing a Lawsuit for Sexual Misconduct in New Jersey

Victims of sexual misconduct often endure overwhelming feelings of betrayal, humiliation, and trauma, especially in cases involving hidden cameras and predatory actions by trusted individuals. Dr. Oumair Aejaz, a Metro...more

Marshall Dennehey

Can Felons Pursue Damages Against Their Providers for Their Criminal Conduct? The Pennsylvania Supreme Court Says No

Marshall Dennehey on

Key Points: Pennsylvania Supreme Court recently evaluated the no felony conviction recovery rule. No felony conviction recovery rule bars medical malpractice and indemnification claims brought against murderer’s medical...more

Marshall Dennehey

Florida Tort Reform: The Impact of House Bill 837 on Health Care Litigation

Marshall Dennehey on

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837 into law. Also known as the “Civil Remedies” or “Tort Reform” law, HB 837 has changed civil litigation in Florida, including providing a uniform standard...more

Miles Mediation & Arbitration

Medical Malpractice Law: A Brief Look at Current Issues and the Value of Mediation

While the fact pattern of every medical malpractice case may be different, these cases often feature complicated medical issues, heightened emotions, and millions, even tens of millions, of dollars in claimed damages. An...more

Haight Brown & Bonesteel LLP

Can a Jury Consider a Plaintiff’s Medicare Coverage in Evaluating Future Medical Damages Claims?

Can a Jury consider a Plaintiff’s medicare coverage in evaluating future medical damages claims? A California Court of Appeals held in the affirmative in David Audish v. David Macias; Case No. D081689....more

McGuireWoods LLP

$12M Default Judgment Results from Purchasing Prescriptions

McGuireWoods LLP on

A large damage award serves as a significant reminder to file an appearance in a False Claims Act (FCA) case. In late August of 2022, the Government filed suit against AZ Diabetic and the owner, Hisham Zaghal (Zaghal),...more

Console and Associates, P.C.

Patients Claim Columbia University’s Policies Permitted OB-GYN Dr. Hadden to Sexually Abuse Patients for Two Decades

Recently, patients who visited Columbia University’s OB-GYN department have reported the sexual abuse committed against them by Dr. Robert Hadden. Dr. Hadden was a long-time fixture at Columbia University, having spent his...more

American Conference Institute (ACI)

[Event] 21st Annual Life Sciences IP Summit - September 27th - 28th, Munich, Germany

Hosted by C5 Group, the 21st Annual Life Sciences IP Summit returns for another exciting year with curated programming with speakers from the pharma, biotech and medical device industries that will provide practical insights...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Morris James LLP

Failure to Monitor

Morris James LLP on

Healthcare providers owe patients a duty of care which includes the duty to monitor symptoms, behavior, treatment, or progress, as appropriate. A failure to monitor a patient can lead to catastrophic consequences - the new...more

Morris James LLP

Surgical Errors

Morris James LLP on

Surgeons train for years for the privilege of operating on another human being. When they or other members of their team fail to appropriately exercise this privilege, patients can be harmed. A surgical error can cause a...more

Akerman LLP - Health Law Rx

The Trebling Effect of (Some) False Claims Act Trials

There are multiple components to the risk defendants must consider when faced with going to trial for a matter involving the False Claims Act (FCA). Setting aside the incalculable impact that litigation can have on business...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

Morris James LLP

How To Prove Medical Malpractice, Birth Injury Claims

Morris James LLP on

Medical malpractice claims are complex and contentious. On the plaintiff's side, there is a suffering victim or family who has put their trust in medical professionals only to suffer painful, traumatic, and sometimes...more

63 Results
 / 
View per page
Page: of 3

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