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Physicians Discovery

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

Marshall Dennehey

Pennsylvania Superior Court Affirms Dismissal of Medical Negligence Claims Due to Insufficient Evidence

Marshall Dennehey on

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

Maison Law

Independent Medical Exams in California Personal Injury Claims

Maison Law on

In California personal injury cases, many plaintiffs must undergo independent medical examinations (IMEs) to determine the extent of harm done. The results of these evaluations can significantly impact the outcome of their...more

Epstein Becker & Green

Supreme Court of Ohio Decides on a Peer-Review Privilege Issue in Stull v. Summa

Epstein Becker & Green on

On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from discovery the file the...more

Epstein Becker & Green

Supreme Court of Ohio Rules on a Peer-Review Privilege Issue in Stull v. Summa

Epstein Becker & Green on

Background - On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

Morris James LLP

How Long Does It Take to Resolve a Medical Malpractice Claim?

Morris James LLP on

Medical malpractice claims are complex legal claims that often involve traumatic personal stories and complicated medical and legal issues. Every claim is different, and one unique fact in a case can have a significant impact...more

Nossaman LLP

California’s New Apology Law and Its Impact on Peer Review Hearings

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Parties in peer review hearings can present a wide range of relevant evidence, regardless of its admissibility in a court of law.  But California has passed a new “apology law” that modifies that standard, erecting a...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Faegre Drinker Biddle & Reath LLP

Treating Physician’s Informed Consent Process and Decision-Making in Device Selection Lead to Partial Summary Judgment for Device...

A series of recent rulings out of the Southern District of Texas in an inferior vena cava (IVC) filter case reflect how well-planned discovery can lead to a successful multipronged summary judgment motion and can effectively...more

Polsinelli

Different Committee, Different Scope: Delaware Court Holds Credentials Committee Documents May Be Subject to Discovery

Polsinelli on

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

Oberheiden P.C.

Indicted on Healthcare Fraud Charges? 5 Things to Expect & 3 Potential Outcomes

Oberheiden P.C. on

The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more

Troutman Pepper Locke

Pennsylvania Supreme Court to Address Whether Peer Review Privilege Applies to Hospital Credentialing

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Last week, the Pennsylvania Supreme Court announced it would address whether the Pennsylvania Peer Review Protection Act (PRPA or Act) protects documents in hospital credentialing files. This decision could significantly...more

Polsinelli

Med-Staff Newsletter - October 2020 | VOL 5

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The U.S. Equal Employment Opportunity Commission (the “EEOC”) sued Yale New HavenHospital (“Yale Hospital” or the “Hospital”) on February 11, 2020, alleging the Hospital is in violation of the Age Discrimination in Employment...more

Seyfarth Shaw LLP

Texas Court of Appeals Reaffirms Key Principles Concerning the Medical Peer Review Privilege

Seyfarth Shaw LLP on

Introduction - A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more

Troutman Pepper Locke

Employers Beware: Federal Court Upholds Aggressive Law Enforcement Tactics When Investigating False Claims Act Allegations

Troutman Pepper Locke on

Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more

Bricker Graydon LLP

PA appellate court holds that physician credentialing file is not protected by the state peer review privilege

Bricker Graydon LLP on

In a highly unfavorable peer review decision, Leadbitter v. Keystone Anesthesia v. Petraglia, entered on February 12, 2020, a Pennsylvania state appellate court upheld an order compelling a hospital to produce the unredacted...more

Rumberger | Kirk

Morris v. Muniz: A Sword Against Whom?

Rumberger | Kirk on

Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more

Fox Rothschild LLP

Pennsylvania Supreme Court Limits The Scope Of Medical Peer Review Protection

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Adopting a strict reading of the statutory language, the Pennsylvania Supreme Court has severely limited the scope of peer review privilege available to health care providers under Pennsylvania’s Peer Review Protection Act. ...more

BakerHostetler

Peer Review Privilege Limited by Pennsylvania Supreme Court Decision Has Implications for Healthcare Providers Nationwide

BakerHostetler on

On March 27, 2018, the Supreme Court of Pennsylvania issued a long-awaited 4-3 decision in which the majority limited the scope of Pennsylvania’s Peer Review Protection Act (PRPA), 63 P.S. §425. The court held that, in order...more

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Review 2017

Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Holland & Knight LLP

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

Carlton Fields

Florida Supreme Court Says External Peer Review Reports are Discoverable Under Amendment 7

Carlton Fields on

On October 26, in Edwards v. Thomas, et al. (SC15-1893) the Florida Supreme Court held that external peer review reports are discoverable under Amendment 7. ...more

Foley & Lardner LLP

“You Can’t Beat Something with Nothing”: 7th Cir. Explains the Importance of Disclosing Experts

Foley & Lardner LLP on

Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more

Troutman Pepper Locke

Sharing Legal Communications With PR Firm Raises Privilege Issues for Hospital

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A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more

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