News & Analysis as of

Expert Testimony Medical Negligence

Marshall Dennehey

Superior Court Reverses Nonsuit, Holds Trial Court Bound by Prior Ruling on Expert Qualification

Marshall Dennehey on

Joyner v. Thomas Jefferson Univ. Hosps., Inc., No. 534 EDA 2024, 2025 WL 933175, at *1 (Pa. Super. Ct. Mar. 26, 2025), reargument denied (May 29, 2025) - In her suit, the pro se plaintiff alleged negligent placement of leg...more

Marshall Dennehey

You Can’t Get Two Bites at the Apple – Or, Oh What a Tangled Web We Weave

Marshall Dennehey on

Key Points:  Judicial estoppel only requires that the party “successfully obtained a benefit by assertion of the position that she now seeks to dispute.”  Expert testimony and closing arguments are sufficient for the...more

Marshall Dennehey

Experts in Defense: Delaware Superior Court Agrees that Expert Witnesses Must Opine Beyond Mere Speculation to Meet Basic...

Marshall Dennehey on

Key Points:  Expert medical testimony must be offered unequivocally to support causation in medical negligence cases....more

Faegre Drinker Biddle & Reath LLP

Ind. Upholds Reduction of Obese Decedent’s Life Expectancy

Actuarial tables put the life expectancy of a 31-year-old male at 46.5 more years. But when Christopher McDaniel died at 31, allegedly as a result of medical negligence, the court calculated his life expectancy at no more...more

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