News & Analysis as of

Medical Malpractice Evidence Negligence

JUSTICENTER

How Hard Is It To Win a Personal Injury Lawsuit?

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Outside of small claims court, personal injury lawsuits can be difficult to win. Even in small claims court, you might not find an easy road to victory. Certain types of cases, such as product liability cases and medical...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

Greenbaum, Rowe, Smith & Davis LLP

A New Standard of Care for Medical Liability?

A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model...more

Marshall Dennehey

Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue

Marshall Dennehey on

Mazzuca v. Abreu, 310 A.3d 775 (Pa. Super. 2024) - In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia...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

Bricker Graydon LLP

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

Bricker Graydon LLP on

To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

K&L Gates LLP

NSW Supreme Court Considers Inherent Risk and Peer Professional Opinion in Bariatric Surgery Case Polsen v Harrison (No. 8)

K&L Gates LLP on

On 6 July 2023, Lonergan J found in favour of Dr Harrison (Defendant), in a complex bariatric surgery case brought by Katrina Polsen (Plaintiff). A full decision can be read here. BACKGROUND - On 22 July 2013, the Plaintiff...more

Hinshaw & Culbertson - Health Care

Cross-Examination About Medical Condition Without Formal Diagnosis Deemed Error: Hinshaw's Annual Guide to Key Illinois Medical...

Is evidence of syphilis sufficient to allow cross-examination of a treating physician relating to pain associated with that condition? Lugarda Castillo and Richard Castillo v. The Center for Athletic Medicine, et al., 2019...more

Hinshaw & Culbertson - Health Care

Res Ipsa Loquitur in Practice: Hinshaw's Annual Guide to Key Illinois Medical Malpractice Litigation: 2020 Edition

Was a trial court's order barring all evidence related to plaintiff's res ipsa loquitur claim was improper? Alma Willis v. Sisters of St. Francis Health Services, Inc., d/b/a St. James Hospital and Health Centers, et al.,...more

Fox Rothschild LLP

Proving Consent Was Not Informed Is Not So Easy For Medical Malpractice Plaintiffs

Fox Rothschild LLP on

Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the trial court’s instruction on...more

Hinshaw & Culbertson LLP

Medical Litigation Newsletter - October 2016

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical...more

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