The rapid evolution of technology is revolutionizing the legal practice. For plaintiff attorneys handling medical negligence cases, incorporating advanced tools—especially artificial intelligence—brings both challenges and...more
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
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
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
Few injuries are as life-altering as paralysis. What makes this already devastating condition even more heartbreaking is when it results from a preventable medical error. Whether it’s due to a surgical mistake, a missed...more
Key Points: Judicial estoppel only requires that the party “successfully obtained a benefit by assertion of the position that she now seeks to dispute.” Expert testimony and closing arguments are sufficient for the...more
Key Points: Expert medical testimony must be offered unequivocally to support causation in medical negligence cases....more
Lahr v. Lehigh Valley Hosp., Inc., 2023 WL 8665017 (Pa. Super. Dec. 15, 2023) - The trial court had ordered production of patient safety reports which were (i) prepared in accordance with MCARE, (ii) intended to be...more
The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and...more
Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” (CPN 7), is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule...more
If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more
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
This is a Limitations of Actions Act 1958 (Vic) (LAA) ruling that was handed down on 16 June 2023 in the context of a medical negligence claim. Adam and Michelle Goodridge brought an application for an extension of time in...more
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
California’s controversial Medical Injury Compensation Reform Act of 1975 (MICRA) could soon change after health care and consumer advocates worked with California legislative leaders to reach an agreement to modify MICRA,...more
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
Deborah Palmer (“Plaintiff”), as the surviving spouse of Vance Palmer (“Mr. Palmer”), brought multiple claims against defendants Christiana Care Health Services, Inc. (“Hospital”) and neurosurgeon Bikash Bose, M.D. (“Dr....more
In March, we issued an alert regarding the New Jersey Appellate Division’s recent guidance on whether an Affidavit of Merit is required by N.J.S.A. § 2A:53A-27. Specifically, the Court addressed whether an Affidavit of Merit...more
DUTY TO THIRD PARTIES: FOCUS ON FORESEEABILITY - Foreseeability is the foundation of duty in many states, and Minnesota is no different. With a series of cases starting in 2017, the Minnesota Supreme Court has made a...more
Do hospital advertising campaigns that welcome a physician to the medical staff create the appearance of an employee-employer relationship? And, if so, is a consent form is enough to overcome the appearance of such a...more
On November 12, 2020, the Washington Supreme Court extended corporate attorney-client privilege protection to appropriate ex parte communications between defendant hospitals and their non-employee agents. The court’s decision...more
As we previously reported, on August 7, 2020, the Florida Board of Medicine (the “Board”) considered a petition for declaratory statement filed in response to Florida’s new pelvic exam laws. The petition sought clarification...more
Contraceptive Is Linked to Injuries and Deaths and Now Is the Subject of Lawsuits - Bayer, the company that manufactured and marketed the dangerous birth-control device Essure, is looking more and more like a bad actor as...more
In Berry v. Connections Community Support Programs, Inc., the Delaware Supreme Court affirmed the Delaware Superior Court’s decision wherein it refused to validate a properly served Notice of Intent to Investigate (Notice of...more
One of the nation’s largest health systems faces yet more serious questions about its leadership and external meddling in the quality and safety of its care. So, once again taxpayers may be asking themselves, with anger, What...more