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Hospitals Medical Malpractice

Marshall Dennehey

Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms

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Munoz v. Children’s Hosp. of Philadelphia, No. 1388 EDA 2024, 2025 WL 1504354 (Pa. Super. Ct. May 27, 2025) - The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia...more

Buckingham, Doolittle & Burroughs, LLC

AI in Healthcare: Enhancing Medical Care, but Complicating Medical Claims

Artificial intelligence is transforming the world around us, and the healthcare industry is no exception. As a result, health care entities are testing and implementing AI programs in an effort to improve patient care....more

Marshall Dennehey

Medical Malpractice Suit Dismissed for Inadequate Affidavit of Merit in Wrongful Death Following Kidney Biopsy

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Sovelove v. Shirazi, A-1540-23, Jun. 17, 2025 - The decedent had undergone an elective kidney biopsy and suffered a large retroperitoneal bleed, resulting in her death. The plaintiff, individually and as the estate executor,...more

Holland & Hart LLP

Navigating Utah's Expanded Peer Review Privilege: A Roadmap for Healthcare Providers

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The term “peer review privilege” generally refers to a discovery and evidentiary privilege that can be asserted by hospitals and other healthcare entities to protect the confidentiality of credentialing, quality improvement,...more

Awatif Mohammad Shoqi Advocates & Legal...

Medical Negligence And Its Liabilities Under UAE Law

Medical practitioners form one of the most important professions in the world. The significance of this profession results in a high number of responsibilities on individuals in the medical field. The UAE Government has...more

Nossaman LLP

Don’t Forget: Medical Societies Have a Duty to Provide Fair Procedure Too

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A recent decision by the United States District Court, Eastern District of California highlights the duty of medical societies to provide fair procedure when implementing a disciplinary action. In VanBuren Lemons v. American...more

Nossaman LLP

Update: Colorado's Peer Review Privilege in Peril

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UPDATE: After two rounds of amendments in 2024 and legal challenges filed with the Colorado Supreme Court, proponents withdrew the ballot measure. For the moment, Colorado’s peer review protections remain in place....more

Roetzel & Andress

The Trend of Threatening Physicians for Personal Gain

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In this new episode of the HealthLaw HotSpot podcast, host Ericka Adler is joined by Roetzel litigation shareholder Michael Scotti to explore a growing and deeply concerning issue in health care: patients using threats, such...more

Epstein Becker & Green

Navigating the Legal Risks of Consumer Protection Claims in Healthcare

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Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims...more

Epstein Becker & Green

Distinguishing Deceptive Trade Practices From Negligent Care: Exploring the Boundaries Between Consumer Protection and Medical...

Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 2, Issue 6, June 2025

Welcome to our sixth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the impact of supply chain and tariff issues on the industry, the veto of Florida's...more

Fox Rothschild LLP

Florida’s Medical Malpractice Reform: Navigating the Shifting Landscape for Providers

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Florida’s healthcare providers and their insurers are on the verge of a significant adjustment to the state’s medical malpractice landscape. For over three decades, a controversial provision within Florida’s medical...more

Marshall Dennehey

Ohio Supreme Court Orders In Camera Review in Peer Review Privilege Dispute

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Stull v. Summa Health System, 177 Ohio St.3d 543, --- N.E.3d ---, 2024-Ohio-5718 - In a discovery dispute over the applicability of peer review privilege, the Ohio Supreme Court ruled that the trial court should conduct an in...more

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

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On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

Marshall Dennehey

Pennsylvania Superior Court Affirms Dismissal of Medical Negligence Claims Due to Insufficient Evidence

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Vandever v. Stair, 2025 WL 523863 (Pa. Super. Ct. 2025) - The Pennsylvania Superior Court upheld the dismissal of a medical negligence claim against a physician, finding that the plaintiff failed to present sufficient...more

Marshall Dennehey

Defense Victory: Summary Judgment Granted for Corporate Nursing Home Defendants in Medical Negligence Case

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Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the...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

Legal Roundup – Pennsylvania

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Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty - Kunkel v. Abington Memorial Hospital, 2024 PA Super 298 (Pa. Super. Ct. Dec. 13, 2024) - The Superior Court of Pennsylvania...more

Epstein Becker & Green

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

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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

Dentons

Yes, No, Maybe? Informed Consent in the Medical Environment

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Informed consent remains critical in healthcare, and over the last several years, there have been multiple updates from agencies and commissions providing clarifications. Most recently in April 2024, Centers for Medicare &...more

Bass, Berry & Sims PLC

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit...more

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know About Filing a Medical Malpractice Claim in Florida

The risk of suffering unnecessary complications due to medical malpractice is a concern for patients and families across Florida. While all healthcare providers have a duty to ensure that they provide a professional standard...more

Marshall Dennehey

A Hospital’s Metadata is Subject to Inspection in New Jersey Medical Malpractice Matters

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Key Points: New Jersey’s Appellate Division held that an inspection of a hospital’s electronic medical records, including its metadata, is discoverable despite the risks and burdens of producing such information for review....more

Morris James LLP

10 Documents To Support Your Medical Malpractice Claim

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If you are considering a medical malpractice claim, it is important to understand what types of documents and other records you should keep. These documents will be used as evidence to support your legal claim for...more

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