News & Analysis as of

Discovery Negligence Medical Malpractice

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

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

Epstein Becker & Green

Supreme Court of Ohio Rules on a Peer-Review Privilege Issue in Stull v. Summa

Epstein Becker & Green on

Background - On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from...more

Morris James LLP

How Long Does It Take to Resolve a Medical Malpractice Claim?

Morris James LLP on

Medical malpractice claims are complex legal claims that often involve traumatic personal stories and complicated medical and legal issues. Every claim is different, and one unique fact in a case can have a significant impact...more

Hinshaw & Culbertson - Health Care

Plaintiff Permitted to Redesignate Rule 213(f)(3) Controlled Expert to Consultant: Hinshaw's Annual Guide to Key Illinois Medical...

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

Miles & Stockbridge P.C.

Md. High Court to Defendants: Don’t Show Up Empty Handed When Using the “Empty Chair” Defense

The “empty chair” defense, where the defendant denies responsibility for the plaintiff’s injuries and blames a person absent from trial (i.e. the “empty chair”), can be extremely effective in tort actions. The Court of...more

Seyfarth Shaw LLP

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

Seyfarth Shaw LLP on

Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

Baker Donelson

At the Crossroads: Legal Considerations Where Government Investigations Overlap with Tort Risk in Long Term Care

Baker Donelson on

In roughly the seventh week after a majority of states and the federal government issued emergency declarations or "lock down" executive orders, the true impact of COVID-19 is only beginning to be fully transparent. In long...more

Rumberger | Kirk

Morris v. Muniz: A Sword Against Whom?

Rumberger | Kirk on

Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more

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