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Physicians Medical Malpractice Expert Testimony

Marshall Dennehey

Medical Malpractice Suit Dismissed for Inadequate Affidavit of Merit in Wrongful Death Following Kidney Biopsy

Marshall Dennehey on

Sovelove v. Shirazi, A-1540-23, Jun. 17, 2025 - The decedent had undergone an elective kidney biopsy and suffered a large retroperitoneal bleed, resulting in her death. The plaintiff, individually and as the estate executor,...more

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

Nossaman LLP

Don’t Forget: Medical Societies Have a Duty to Provide Fair Procedure Too

Nossaman LLP on

A recent decision by the United States District Court, Eastern District of California highlights the duty of medical societies to provide fair procedure when implementing a disciplinary action. In VanBuren Lemons v. American...more

Marshall Dennehey

Legal Roundup – Pennsylvania

Marshall Dennehey on

Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty - Kunkel v. Abington Memorial Hospital, 2024 PA Super 298 (Pa. Super. Ct. Dec. 13, 2024) - The Superior Court of Pennsylvania...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

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Opinion Refines Affidavit of Merit Requirements for Malpractice Case Against Physician Certified in...

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

Epstein Becker & Green

Receive Specialized Care, Provide Specialized Testimony: New Jersey Court Says Medical Malpractice Expert Witness Must Have...

Epstein Becker & Green on

To diminish the number of frivolous lawsuits that patients file against doctors and hospitals, 28 states require that a plaintiff submit an affidavit or certificate of merit when they file a medical malpractice case....more

Hinshaw & Culbertson - Health Care

Emergency Physician Not Qualified to Opine on Psychiatric Standard of Care: Hinshaw's Annual Guide to Key Illinois Medical...

Can an emergency medicine physician offer expert opinions about the standard of care for psychiatric evaluation in drug overdose cases? Fara Biundo, as Special Administrator of the Estate of Zenah S. Muhdi, Deceased v....more

Hinshaw & Culbertson - Health Care

Defendant Physician can be Cross-Examined With His Disclosure and ACR Guidelines: Hinshaw's Annual Guide to Key Illinois Medical...

Can the trial court properly bar plaintiff from introducing defendant radiologist's Rule 213(f)(iii) disclosure as an admission against interest, or questioning him about the American College of Radiology (ACR) practice...more

Hinshaw & Culbertson - Health Care

Expert Demonstrations Must Meet Substantially Similar Standard: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Must an expert's demonstration be made under substantially similar conditions and circumstances as those which surrounded the occurrence? Can an expert opine regarding the permanency of injuries without recent medical data? ...more

Butler Snow LLP

A New Look At The Doctor Deposition

Butler Snow LLP on

In the context of the practice of medicine, we are all very familiar with the Latin phrase primum est non nocere. It means “first, do no harm” and is the ethical guiding principle in the medical profession. Inherent in this...more

Esquire Deposition Solutions, LLC

Tips for Medical Malpractice Litigation

Winning a medical malpractice lawsuit has many different variables that need to be proven. Medical malpractice happens when a health care professional, doctor, or hospital, through a negligent act or omission, causes injury...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

Haight Brown & Bonesteel LLP

Defending Against Non-Retained Experts

California is generally regarded as providing broad leeway for non-retained experts to testify on a range of matters. Several recent decisions, however, have narrowed the scope of permissible testimony for non-retained...more

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