News & Analysis as of

Negligence Medical Malpractice

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....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

Freiberger Haber LLP

Agreement to Arbitrate All Disputes Arising From The Agreement Includes Malpractice Claims

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Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law. It is encouraged...more

Marshall Dennehey

Pennsylvania Supreme Court Holds that No Felony Conviction Recovery Rule Barred Medical Malpractice and Indemnification Claims

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Dinardo v. Kohler, 304 A.3d 1187 (Pa. 2023) - Both the trial court and the Superior Court found that the plaintiff’s claims were barred by the no felony conviction recovery rule. The plaintiff filed a medical malpractice suit...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Maison Law

New Personal Injury Laws in California for 2024

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The year 2024 comes with new laws that impact the practice of personal injury law in California. The legislature enacted traffic laws to establish new standards of care at crosswalks and intersections. With these measures,...more

Maison Law

What is the Statute of Limitations in California Personal Injury Law?

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What is a Personal Injury Case? As we explain below, California law imposes a two-year statute of limitations for personal injury cases. Initially, it helps that you understand the nature of a personal injury case....more

Miles Mediation & Arbitration

5 Strategies for Preparing for Your Healthcare Mediation 

Preparing to mediate a healthcare liability case in Georgia? Whether you have a medical malpractice case against professionals, a wrongful death case, or a negligence case against a healthcare entity, as a trial attorney and...more

Morris James LLP

Negligence in Behavioral Health Facilities FAQs

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When dealing with the complexities of medical malpractice, particularly negligence in behavioral health facilities, it is essential to understand your rights and how to enforce them. These frequently asked questions aim to...more

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

Napoli Shkolnik

Diagnostic Errors Claim Nearly 800,000 American Lives Per Year, Study Finds

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A new study shows that approximately 371,000 people die and 424,000 sustain permanent disabilities due to diagnostic error, including brain damage, blindness, loss of limbs or organs or metastasized cancer....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

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

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

Console and Associates, P.C.

Gastroenterologist at NYC Hospital Faces Multiple Allegations of Sexual Misconduct After Patients Come Forward

It’s common for anyone undergoing a major medical procedure to have some serious concerns. However, for most, these worries are focused more on the possibility of an adverse medical outcome and not on the risk of being...more

Morris James LLP

Your First Meeting With A Medical Malpractice Lawyer: How To Prepare and What To Expect

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Retaining a medical malpractice lawyer is vital when you have been the victim of medical negligence. Some people delay meeting with a medical malpractice lawyer because they feel intimidated or are overwhelmed dealing with...more

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

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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

Weber Gallagher Simpson Stapleton Fires &...

New Jersey Appellate Court Addresses Application of Affidavit of Merit Negligence Claim Against A Physician

On August 30, 2023, a New Jersey appellate panel issued an opinion in M.M. v. Atl. Health Sys., 2023 N.J. Super. Unpub. LEXIS 1489 (App. Div. Aug. 30, 2023) clarifying the affidavit of merit requirement pertaining to suits...more

Morris James LLP

Calculating Pain and Suffering in a Medical Malpractice Case: What You Need to Know

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Medical malpractice happens when a patient is injured by the mistake of a healthcare professional. Medical providers are expected, by their patients and by the law, to provide a certain standard of care, and if they fall...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

Troutman Pepper

EDVA Judge Rules Supplemental Jurisdiction Is Not a Basis for Removal

Troutman Pepper on

A recent EDVA decision reinforced the point that removal to federal court must be based on the existence of either federal question or diversity jurisdiction, but not supplemental jurisdiction....more

Marshall Dennehey

Pennsylvania Superior Court Affirmed Trial Court’s Dismissal of Case Because Appellant Waived Her Substantive Claims by Not Moving...

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The appellant initiated a lawsuit, pro se, raising negligence and strict liability claims arising out of allegedly negligent treatment received for gastrointestinal symptoms. After failing to timely file certificates of...more

Bricker Graydon LLP

Expert Competency Rule Change Reverses Effects of Johnson v. Abdullah

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To succeed in meeting their evidentiary burden for a medical malpractice claim, a plaintiff must prove a breach of the standard of care, causation, and damages through expert testimony. See Bruni v. Tatsumi, 46 Ohio St.2d...more

K&L Gates LLP

NSW Supreme Court Considers Inherent Risk and Peer Professional Opinion in Bariatric Surgery Case Polsen v Harrison (No. 8)

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On 6 July 2023, Lonergan J found in favour of Dr Harrison (Defendant), in a complex bariatric surgery case brought by Katrina Polsen (Plaintiff). A full decision can be read here. BACKGROUND - On 22 July 2013, the Plaintiff...more

Morris James LLP

6 Common Reasons People Sue Their Medical Professionals

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As medical malpractice attorneys, we have handled many lawsuits against healthcare providers. In our experience, the most common reasons for a patient to file a lawsuit are...more

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