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Standard of Care Negligence Health Care Providers

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

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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

Marshall Dennehey

Experts in Defense: Delaware Superior Court Agrees that Expert Witnesses Must Opine Beyond Mere Speculation to Meet Basic...

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Key Points:  Expert medical testimony must be offered unequivocally to support causation in medical negligence cases....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

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

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

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

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

Ward and Smith, P.A.

An Update on North Carolina Medical Malpractice Law

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With an end to the COVID-19 pandemic in sight, it's hard to forget the terrible impact it had on our society and the tremendous strain it put on our medical community. Doctors, nurses, and other medical staff fought...more

Snell & Wilmer

The Arizona Supreme Court Joins Other States in Ruling that HIPAA Can Be Used to Establish the Standard of Care in a Negligent...

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On March 8, 2021, the Arizona Supreme Court held in Shepherd v. Costco1 that the plaintiff, Greg Shepherd, was permitted to bring a negligence claim for wrongful disclosure of medical information and that the Health Insurance...more

Searcy Denney Scarola Barnhart & Shipley

Types of Doctors for Medical Malpractice Claims

The American Board of Professional Liability Attorneys (ABPLA) defines “medical malpractice” as when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient....more

Hinshaw & Culbertson - Health Care

Standard of Care Opinions Outside an Expert's Specialty Barred: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can a physician offer standard of care opinions outside of his or her area of expertise? Thomas Ittersagen v. Advocate Health and Hospitals Corporation d/b/a Advocate Medical Group, et al.; Case No: 2020 IL App (1st) 190778...more

Bricker Graydon LLP

Court confirms that federal enactments regarding “never events” and “hospital acquired conditions” don’t alter elements that...

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Ohio’s well-established medical negligence law requires a claimant in a medical negligence action to prove three elements: (1) there was a breach of the applicable standard of care in the medical community; (2) the negligence...more

Ward and Smith, P.A.

The Law on Nursing Home Injuries in North Carolina

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There are more than 15,600 nursing homes in the United States, according to the most recent statistics. And more than 1.3 million residents live in these facilities. Most nursing homes provide excellent care to elderly or...more

White and Williams LLP

PA Supreme Court Confirms Risk/Complication Evidence Is Admissible for Standard of Care and Causation in Med Mal Cases

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In a win for healthcare providers, the Pennsylvania Supreme Court confirmed in Mitchell v. Shikora that evidence of the risks and complications of a surgical procedure may be admissible in a medical negligence case that does...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

Searcy Denney Scarola Barnhart & Shipley

What are the root causes of medical negligence?

Operating on the wrong extremity. Leaving a piece of equipment inside a patient after surgery. Failing to diagnose an illness. All are nightmare situations for a patient. But all are among the most-common types of medical...more

Proskauer on Privacy

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

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Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When...more

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