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Medical Malpractice

Maison Law

How Personal Injury Settlements are Calculated in California

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California is home to more than its fair share of personal injury claims, the vast majority of which, according to California courts, include car crashes and slip and fall injuries. Workplace injuries involving cuts and...more

Marshall Dennehey

Defense Victory: Summary Judgment Granted for Corporate Nursing Home Defendants in Medical Negligence Case

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Leslie M. Jenny and Gabriella M. Wittbrod, both of our Cleveland, OH office, were granted summary judgment on behalf of their corporate nursing home clients in this medical negligence case. Judge Phillip S. Naumoff of the...more

Searcy Denney Scarola Barnhart & Shipley

Guide to Serious Injuries in Personal Injury Lawsuits

Attorneys who work to help accident victims recover full compensation for their losses know that incidents like motor vehicle collisions, falls, medical malpractice, and truck accidents can cause a wide variety of injuries....more

Rumberger | Kirk

Florida Legislature Seeks To Rescind Restrictions On Medical Malpractice Damages

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With another legislative session nearing the end, many continue to keep a keen eye on certain legislative efforts meant to expand the extent of damages available in medical malpractice lawsuits. The sweeping legislation,...more

JUSTICENTER

How Hard Is It To Win a Personal Injury Lawsuit?

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Outside of small claims court, personal injury lawsuits can be difficult to win. Even in small claims court, you might not find an easy road to victory. Certain types of cases, such as product liability cases and medical...more

Baker Donelson

Right Sizing Nuclear Verdicts: Reforming Tort Litigation in Texas

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In the late 1990s and early 2000s, Texas was the beneficiary of sweeping tort reform legislation, particularly in medical malpractice cases. The Medical Malpractice and Tort Reform Act of 2003 capped damages for those...more

J.S. Held

Inside the Healthcare Industry: The Critical Role of Medical Coding, Billing & Nurse Review

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In what is already a highly regulated industry, it is becoming increasingly difficult for healthcare organizations to navigate the growing volume, complexity and enforcement of laws, regulations and guidance that surround...more

Carlton Fields

Florida Appeals Court Decisions Week of March 24 - 28, 2025

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U.S. Eleventh Circuit Court of Appeals  - USA v. Murat - sentencing - Johnson v. Fla DOC - Confrontation Clause, medical report - US Sugar v. US Army Corp of Eng’rs - administrative challenge, Everglades...more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

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The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Miles Mediation & Arbitration

Education Divison Updates: Q&A with Tangela Richmond

In this month’s Thoughts from the Top, we speak with Tangela Richmond, our director of education, about recent updates that can be expected from our Education Division....more

Arnall Golden Gregory LLP

Amicus Brief Filed Urging Georgia Supreme Court to Uphold Wrongful Death Award Statutory Cap

On behalf of two of the state’s largest healthcare associations — the Georgia Hospital Association (“GHA”) and the Medical Association of Georgia (“MAG”) — AGG Healthcare attorneys Jason Bring, Jerad Rissler, and Lisa Churvis...more

Marshall Dennehey

Legal Roundup – Pennsylvania

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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

Harris Beach Murtha PLLC

New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more

Marshall Dennehey

Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is...

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On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

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The Court of Appeals of New York answers the question of whether a plaintiff may bring a claim under Judiciary Law § 487 in a plenary action. Urias v. Daniel P. Buttafuoco & Assoc., PLLC, 41 NY3d 560, 563 (2024)....more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

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A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more

Maison Law

Who Can Make a Wrongful Death Claim in California?

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There are several types of circumstances that can result in a wrongful death claim being filed in California, and one or more family members of the person who died could receive damages from the individual or organization...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

Morris James LLP

Child and Pediatric Medical Malpractice FAQs

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When a child suffers harm due to medical negligence, the emotional toll on families can be overwhelming. Parents trust healthcare providers to deliver care that protects and nurtures their child’s well-being. When they make...more

Cozen O'Connor

Top Ten Reasons You Need an Elder Law Attorney

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As the chair of the Elder Law Practice Group, I see a lot of issues that the firm’s clients encounter in their personal lives. As we begin the new year, I thought it appropriate to write about the areas of our practice that...more

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

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

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

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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

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