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Epstein Becker & Green

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

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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

Dickinson Wright

Arizona’s New Behavioral Healthcare Laws – Part 1

Dickinson Wright on

In 2024, the Arizona legislature passed five new Arizona laws directly affecting behavioral health care in Arizona. These laws run the gamut between refining definitions, requiring peer specialist trainings, new requirements...more

Morris James LLP

OBGYN Medical Malpractice FAQs

Morris James LLP on

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

Medical Negligence and Paralysis: What Victims Need to Know

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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

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

Robins Kaplan LLP

Navigating AI and Fiduciary Duties: 10 Key Questions for Your Organization

Robins Kaplan LLP on

Integrating artificial intelligence (AI) into legal practice presents valuable opportunities as the industry continues to evolve. AI has the potential to revolutionize workflows, enhance decision-making, and improve client...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

Wiley Rein LLP

No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on...

Wiley Rein LLP on

The United States District Court for the Eastern District of Michigan, applying Michigan law, granted a primary insurer’s motion to dismiss, determining that a professional liability policy required potential claims to be...more

Morris James LLP

Understanding Brain Injuries and Medical Malpractice: Your Rights and Options

Morris James LLP on

Brain injuries are among the most devastating forms of harm a person can experience. They often result in lifelong physical, emotional, and financial consequences for both victims and their families. When these injuries are...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 9-13, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Armstrong - sentencing - MH v. Omegle.com - online sex trafficking, Marsha’s Law, FOSTA...more

LegalMation

Should Attorney Conflict of Interest Rules Apply to Litigation Service Providers and LegalTech Companies, Too?

LegalMation on

This article addresses conflict-of-interest rules and recommendations that guide attorneys, and whether those principles should also apply to certain types of service providers, including legal software-as-a-service...more

Kerr Russell

New Michigan Legislation Aims to Unravel Medical Liability Reform

Kerr Russell on

Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more

Morris James LLP

Failure to Diagnose a Heart Condition

Morris James LLP on

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

Fennemore

California Department of Public Health (CDPH) ‘All Facilities Letter’ and Survey Activities Impacting Nurse Anesthesiology Scope...

Fennemore on

The California Department of Public Health’s (CDPH) September 6, 2024, All Facilities Letter (AFL) reaffirms the independent practice authority of Certified Registered Nurse Anesthetists (CRNAs). Despite this reaffirmation,...more

Weber Gallagher Simpson Stapleton Fires &...

PowerPoint Presentation Protected by Pennsylvania Peer Review Protection Act

Peer review litigation in Pennsylvania has been quiet since the Pennsylvania Supreme Court handed down the Leadbitter decision in 2021....more

Sheppard Mullin Richter & Hampton LLP

Healing the Healers: Using Value-Based Care Strategies to Mitigate Physician Burnout

This series explores legal issues related to physician burnout and potential solutions, and here we explore the potential impact of value-based care (“VBC”). Our first post addressed how healthcare organizations can foster...more

Sands Anderson PC

May Attorneys Ethically Seek Guidance from Online Forums? Yes, But…

Sands Anderson PC on

An attorney belongs to a specialty bar organization in which members routinely post questions, comments and tips on an online forum or through an automated email management system. The attorney seeks to post a request for...more

Marshall Dennehey

Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue

Marshall Dennehey on

Mazzuca v. Abreu, 310 A.3d 775 (Pa. Super. 2024) - In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia...more

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 3: Planning vs. Litigating

The Estate Lawyers on

Why do estate planners — traditionally non-litigating attorneys — sometimes end up in litigation? The mindset of an estate planner is about helping people. You work to help clients make and carry out major life...more

Goldberg Segalla

The Digital Fortress: Modern Privacy and Data Considerations to avoid Legal Malpractice

Goldberg Segalla on

As the digital landscape continues to evolve, so do the challenges surrounding privacy and data protection, particularly in the legal profession. Law firms are increasingly handling sensitive client information, creating...more

Burr & Forman

A Reminder for All Health Care Providers When Forming Business Arrangements

Burr & Forman on

According to a federal district judge in Mississippi, a cancer center’s investors bought themselves a lawsuit because of a conscious decision not to structure the ownership arrangement in compliance with a safe harbor. A...more

Association of Certified E-Discovery...

How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel

When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to the press...more

Jones Day

JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers

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Though rare, cases of prosecutorial misconduct do occur in cases at all court levels and across jurisdictions. Partner Neal Stephens, co-author of Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers,...more

U.S. Legal Support

Medical Records in Court Proceedings: Key Details

U.S. Legal Support on

Cases that touch on medical conditions and injuries require proving causality and calculating degrees of responsibility and compensation, often amidst a convoluted mix of events, timelines, treatments, comorbidities, and...more

Marshall Dennehey

Appellate Division Maintains Kind-for-Kind, Credential Equivalency Requirement Under Affidavit of Merit Statute

Marshall Dennehey on

Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more

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