News & Analysis as of

Medical Malpractice

Arnall Golden Gregory LLP

When Patients Leave Against Medical Advice: What Hospitals Miss and Why It Matters

Delivering high-quality healthcare becomes difficult when patients disregard their doctors’ advice. A patient who chooses to leave the hospital against medical advice (“AMA”) represents a particularly severe case of...more

Greenbaum, Rowe, Smith & Davis LLP

A Potential Renaissance of Private Law in American Healthcare

An article in the August 9, 2025, issue of the New England Journal of Medicine highlights the opportunity, if not the responsibility, of the bar in the private law sector to fill the gaps in healthcare access, quality, and...more

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

Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...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

Nossaman LLP

EMTALA and Emergency Stabilization: Implications for Hospitals and Medical Staffs Highlighted by a Recent Medical Malpractice Case

Nossaman LLP on

The ongoing case Jhumra v. Orange County Global Medical Center (OCGMC) stems from an alleged delay in care and serves as a stark reminder of the legal obligations for hospitals and medical staffs under the Emergency Medical...more

White and Williams LLP

Pennsylvania Superior Court Blesses Venue Selection Clauses in Medical Malpractice Cases

In 2023, the Supreme Court of Pennsylvania enacted a significant change to the Rules of Civil Procedure enabling plaintiffs in medical malpractice cases to bring suit in any venue where a corporate healthcare defendant...more

Marshall Dennehey

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

Marshall Dennehey on

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

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

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

Marshall Dennehey on

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

Holland & Hart LLP on

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

Arnall Golden Gregory LLP

AGG Supports GHA and MAG in Latest Successful Step to Cap Wrongful Death Damages

On June 24, 2025, the Supreme Court of Georgia vacated the Georgia Court of Appeals’ decision refusing to apply Georgia’s $350,000 damages cap to reduce a $7.2 million award of wrongful death damages in a medical malpractice...more

Searcy Denney Scarola Barnhart & Shipley

The Dangers of Defective Medical Devices: How to Protect Yourself

Defective medical devices can present serious—and even life-threatening—risks for patients. Yet, sadly, many patients don’t realize that their medical devices are defective until it is too late. Sometimes, manufacturers and...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

Marshall Dennehey

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the...

Marshall Dennehey on

Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2025 #4

Kaufman & Canoles on

The PGA Tour announced a significant structural change Tuesday hiring longtime NFL executive Brian Rolapp as the first CEO in the organization’s history while beginning the transition away from commissioner Jay Monahan, who...more

Nossaman LLP

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

Nossaman LLP on

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

Nossaman LLP on

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

Roetzel & Andress on

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

Epstein Becker & Green on

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

Fox Rothschild LLP on

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

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

738 Results
 / 
View per page
Page: of 30

"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