News & Analysis as of

Medical Malpractice Standard of Care

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

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

Morris James LLP

OBGYN Medical Malpractice FAQs

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OBGYNs (obstetricians and gynecologists) play a critical role in the health and well-being of women, particularly during pregnancy, childbirth, and reproductive care. However, when mistakes occur due to negligence, the...more

Morris James LLP

Can Medical Malpractice Cause a Spinal Cord Injury?

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Spinal cord injuries are among the most serious medical conditions, often leading to life-altering physical, emotional, and financial challenges. While many spinal cord injuries result from accidents, such as car crashes or...more

Morris James LLP

Failure to Diagnose a Heart Condition

Morris James LLP on

A heart condition can often be a silent but serious threat to a person’s health. Timely diagnosis and treatment are crucial to prevent life-altering or fatal consequences. However, when a healthcare provider fails to diagnose...more

Morris James LLP

Medical Malpractice FAQs (Updated)

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What is considered medical malpractice? Medical malpractice, also known as medical negligence, occurs when a hospital, doctor, or other health care professional fails to comply with the standard of care and causes an...more

IMS Legal Strategies

The Truth Told Well: Medical Malpractice Witness Preparation

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Nuclear verdicts are an ever-present peril looming over today’s medical malpractice trials. In 2022’s Thapa v. St. Cloud Orthopedic Associates, jurors handed down one of the most shocking med-mal verdicts to that point: $111...more

Kerr Russell

Should You Respond to a Notice of Intent to File a Medical Malpractice Action?

Kerr Russell on

In Michigan, a claimant must provide each allegedly negligent healthcare professional or facility with advance notice of the suit before commencing a medical malpractice action. The “notice of intent” must describe what...more

Cranfill Sumner LLP

The Dentist and Informed Consent

Cranfill Sumner LLP on

A cornerstone of the dental practice, as with most healthcare professions, is the requirement to obtain informed consent before commencing treatment and procedures. The ADA Code of Ethics provides that informed consent, at a...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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Marshall Dennehey Attorneys Successful in Legal Malpractice Action Arising Out of a Complex Wrongful Medical Diagnosis Case - On October 10, 2023, Marshall Dennehey attorneys Jack Slimm and Jeremy Zacharias were successful in...more

Morris James LLP

The Dos and Don'ts of Medical Malpractice

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Understanding a medical malpractice claim is the first step to protecting yourself and your right to compensation when you have been the victim of medical malpractice. In this article, we discuss some of the dos and don’ts of...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

Kaufman & Canoles on

Healthcare providers carry heavy liability risks in the event of a medical malpractice allegation or professional standards violation, which can be costly and lead to licensing ramifications and reputational damage. While the...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Holland & Hart LLP

Sports and Student Physicals: Legal Issues

Holland & Hart LLP on

It’s that time of year when many healthcare providers offer free or discounted sports or student physicals as a community service or marketing ploy. If you participate in such programs, make sure you consider the legal...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

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Searcy Denney Scarola Barnhart & Shipley

Understanding Telehealth and the Risks of Medical Malpractice

Telehealth practices can be tremendously helpful for patients who live in remote areas far from doctors. Telehealth can also protect healthcare providers and patients from exposure to infectious diseases. But telehealth...more

Morris James LLP

Failure to Follow Up

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Medical negligence, also known as medical malpractice, is not always the result of a healthcare provider’s action – sometimes medical negligence occurs when a healthcare provider fails to act. When a physician, nurse...more

Morris James LLP

Can Medical Negligence Cause Cerebral Palsy?

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The short answer is yes, medical negligence can cause cerebral palsy, and, when that happens, the law allows victims to hold negligent healthcare providers accountable....more

Morris James LLP

Ten of the Largest Medical Malpractice Verdicts of 2022

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2022 saw record-setting medical malpractice verdicts across the country. Juries have seen the pain and suffering caused by negligent healthcare providers, and are compensating innocent victims for both their financial and...more

Steptoe & Johnson PLLC

Fourth Circuit Sets Forth the Requirements for the ‘Loss of Chance’ Provision of West Virginia’s Medical Professional Liability...

Steptoe & Johnson PLLC on

The United States Court of Appeals for the Fourth Circuit recently interpreted the “loss of chance” provision of West Virginia’s Medical Professional Liability Act (the MPLA). In Graham v. Dhar, the Court ruled that a...more

Morris James LLP

What Is Medical Malpractice?

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You may be reading this because you or a loved one has suffered an injury due to a mistake by a healthcare professional. We understand this can be a very difficult situation for many reasons: the uncertainty of what went...more

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Buckingham, Doolittle & Burroughs, LLC

Legal Pulse: “Active Clinical Practice” Requirements Heightened for Expert Witnesses

A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more

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