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Polsinelli Podcast - Avoiding Professional Liability
Medical Malpractice Litigation
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
In another in the seemingly endless series of decisions parsing the interpretation of the statutory requirements for an affidavit of merit in medical liability claims, on January 22, 2025 the New Jersey Supreme Court issued...more
Health care providers should take note of a recent decision of the Connecticut Supreme Court that may make it easier for individuals to bring medical malpractice actions. In Carpenter v. Daar, 346 Conn. 80 (2023), the court...more
Is a trial court "without discretion" to grant extension of time for obtaining certificate of merit when plaintiff fails to comply with 2-622? Terrance Owens v. Riverside Medical Center, et al., 2020 IL App (3d) 180391 - ...more
There have been more developments in Ironshore Specialty Insurance Co. v. Conemaugh Health System Inc., the case brought by Ironshore, as excess carrier, to seek reimbursement of amounts paid in an underlying medical...more
For a products liability claim in Arkansas, the general rule is that a lawsuit shall be commenced within three years after the date on which the death, injury, or damage complained of occurs. Ark. Code Ann. § 16-116-203. In...more
Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied?...more
A recent decision by the W. Va. Supreme Court of Appeals confirms the importance of pre-suit notice and the viability of a motion to dismiss in challenging claimants’ actions arising under the Medical Professional Liability...more
On March 23, 2018, the Second District of the Illinois Appellate Court joined the First District in allowing plaintiffs to invoke the Illinois’ Respondent in Discovery Statute (735 ILCS 5/2-402) to file an amended complaint...more
A divided panel (2-1) of the U.S. Circuit Court of Appeals for the Fifth Circuit recently held that failure to exhaust a state law pre-suit medical panel review process did not subject the plaintiff’s claims against the...more
In This Issue: - AC34039 - Landmark Investment Group, LLC v. Calco Construction & Development Co. - AC33614 - Dorreman v. Johnson - AC34253 - Klemonski v. University of Connecticut Health Center ...more