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Negligence › Medical Malpractice › Appeals

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

Miles & Stockbridge P.C.

Md. High Court to Defendants: Don’t Show Up Empty Handed When Using the “Empty Chair” Defense

Miles & Stockbridge P.C. on

The “empty chair” defense, where the defendant denies responsibility for the plaintiff’s injuries and blames a person absent from trial (i.e. the “empty chair”), can be extremely effective in tort actions. The Court of...more

White and Williams LLP

Understanding the Affidavit of Merit Statute and the Rare Application of the Common Knowledge Exception

White and Williams LLP on

On May 4, 2020, in Linda Cowley v. Virtua Health System, the Supreme Court of New Jersey reversed the judgement of the Appellate Division and held that when a patient removes a nasogastric tube herself and refuses its...more

Mintz

Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle

Mintz on

On Tuesday, December 12, 2017, the Massachusetts Appeals Court, applying New Hampshire law, held that a professional liability insurer did not breach the implied covenant of good faith and fair dealing by settling a New...more

Haight Brown & Bonesteel LLP

Laypersons’ Observations of Hospital Staff’s “Lack of Urgency” in Treating Relative Sufficient to Sustain Claim for Negligent...

Haight Brown & Bonesteel LLP on

In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more

Adler Pollock & Sheehan P.C.

Fast Five: Rhode Island Appellate Practice - September 2014

Adler Pollock & Sheehan P.C. on

In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of...more

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