News & Analysis as of

Negligence Hospitals Physicians

Searcy Denney Scarola Barnhart & Shipley

FAQs: What You Need to Know About Filing a Medical Malpractice Claim in Florida

The risk of suffering unnecessary complications due to medical malpractice is a concern for patients and families across Florida. While all healthcare providers have a duty to ensure that they provide a professional standard...more

Morris James LLP

10 Documents To Support Your Medical Malpractice Claim

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If you are considering a medical malpractice claim, it is important to understand what types of documents and other records you should keep. These documents will be used as evidence to support your legal claim for...more

Morris James LLP

Who Can You Sue for Medical Malpractice?

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Medical malpractice cases are highly complex and often involve various parties. Knowing who to hold accountable for your injuries is not an easy task, and requires a thorough investigation of your case and the people or...more

White and Williams LLP

Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

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A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more

Kerr Russell

New Rule Puts Hospitals At Greater Risk Of Liability

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On December 7, 2022, the Michigan Supreme Court decided Markel v Beaumont Hospital, 982 NW2d 151 (2022). In a 4-3 decision, the court offered a novel interpretation of Grewe which, in the words of dissenting Justice David...more

Morris James LLP

Failure to Monitor

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Healthcare providers owe patients a duty of care which includes the duty to monitor symptoms, behavior, treatment, or progress, as appropriate. A failure to monitor a patient can lead to catastrophic consequences - the new...more

Kerr Russell

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

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In the recent case of Markel v. William Beaumont Hospital, 982 N.W.2d 151 (2022), the Michigan Supreme Court changed the analysis for claims alleging that a hospital is vicariously liable for a non-employee’s alleged...more

Morris James LLP

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

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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

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

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

Patrick Malone & Associates P.C. | DC Injury...

With 350 lawsuits filed, hospital now can’t ignore outcry over orthopedist

​​​​​​​The nurses complained, and so did a handful of doctors. The patients howled. Yet, for years, administrators at a Florida hospital ignored the repeated alarms, critics say....more

Haight Brown & Bonesteel LLP

A Tale Of Two Jury Instructions: How The Failure To Stay Focused On The Big Picture Can Derail A Trial

Zannini v. Liker (2022) 74 Cal.App.5th 610 - In 2015, appellant and plaintiff Ronald Zannini began experiencing weakness in his left arm. He ultimately consulted with defendant neurosurgeon, Dr. Mark Liker, who performed...more

Cranfill Sumner LLP

Updates to Medical Malpractice Legal Procedures in North Carolina

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On June 18, 2021, Governor Roy Cooper signed Senate Bill 255 into law.  The law contains two significant changes to the legal procedures in medical malpractice actions in North Carolina....more

Patrick Malone & Associates P.C. | DC Injury...

Sharp reminders of the need to watch out for dangerous doctors

Patients, politicians, and regulators may find it tough to believe, so they need sharp periodic reminders: While there are many terrific, dedicated doctors working today, there also are some truly terrible ones. And dealing...more

Patrick Malone & Associates P.C. | DC Injury...

With malpractice claims constrained, injured Florida kids and families struggle

When doctors, hospitals, and insurers bellyache about malpractice claims with little evidence on their prevalence or outcomes, patients and politicians should push back: And they can cite the nightmares people in grievous...more

Patrick Malone & Associates P.C. | DC Injury...

When end-of-life wishes get ignored, courts see another kind of malpractice

Many Americans took a good step for themselves and their loved ones after getting shocked by learning about treatments, like prolonged machine ventilation, that coronavirus patients may undergo. Not for me, the healthy may...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

Patrick Malone & Associates P.C. | DC Injury...

Gynecologist guilty on U.S. charges, but questions linger about his practices

A federal criminal case concluded with felony convictions for a Virginia gynecologist. But the questions are only now beginning as to how a doctor could have caused so many women so much harm for so long without other...more

Seyfarth Shaw LLP

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

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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

Nilan Johnson Lewis PA

New Liability for Minnesota Hospitals: Independent Contractors and Apparent Authority

On July 29, 2020, the Minnesota Supreme Court issued an opinion* that reverses the long-held common-law understanding in Minnesota that hospitals are not liable for the actions of their physician independent contractors. ...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

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

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With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...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

Patients Stand To Lose if Amendment 7 Goes to Polls

Protecting Hospitals — Sacrificing Patients - Patient Access to Adverse-Incident Reports Threatened - Florida’s Constitution Revision Commission has on its 2018 agenda a proposal to amend a provision that gives parties...more

Faegre Drinker Biddle & Reath LLP

Kentucky Physicians in the Headlines

Can any state rival Kentucky for keeping physicians in the headlines in recent days? Three big stories in a five-day span: On October 30 the Franklin Circuit Court struck down as unconstitutional a new Kentucky statute...more

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