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Standard of Care Negligence

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

Holland & Knight LLP

Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings

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In the next episode of the "Legal Bites Podcast" series, Food and Beverage Litigation attorney Charles Weiss and Practice Development Manager Kristina Merritt sit down with Ohio State Senator William DeMora for an important...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

Marshall Dennehey

Policies Alone Fall Short: Establishing a Standard of Care and Duty Requires More Than Internal Procedures

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Key Points: A defendant’s violation of its own policies and procedures does not establish a standard of care for the industry. The order of a new trial was improper and the trial court’s prior order for directed verdict and...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?

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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

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

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

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

Stikeman Elliott LLP

Supreme Court Clarifies the Scope of Liability in Negligence for Public Authorities Making “Core Policy Decisions”

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In Nelson (City) v Marchi, 2021 SCC 41, the Supreme Court of Canada held that public authorities may only be shielded from liability in negligence when making decisions that engage public policy considerations, such as...more

Law School Toolbox

Law School Toolbox Podcast Episode 318: Listen and Learn -- Negligence: Duties of Professionals and Children

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Welcome back to the Law School Toolbox podcast! In this week's "Listen and Learn" episode, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of Tort Law.  In this episode we...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 147: Listen and Learn -- Negligence: Duties of Professionals and Children

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Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of tort law.  In this episode, we...more

Proskauer Rose LLP

Three Point Shot - June 2021

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. In this issue,...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

Nelson Mullins Riley & Scarborough LLP

Standard of Care: Lawyers’ Legal and Ethical Obligations to Clients and Community

The current difficulties managing the worldwide response and recovery to the Covid-19 pandemic highlights the need for attorneys to take the lead on behalf of their clients and communities in an effort to create communities...more

Law School Toolbox

Law School Toolbox Podcast Episode 257: Listen and Learn -- The "Reasonable Person" Standard

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Welcome back to the Law School Toolbox podcast! This is another episode in our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're talking about the "reasonable person"...more

Polsinelli

Business Owners’ Liability Risk When Dealing With Customers and Others

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While the “right” time to open the economy is hotly debated, many states have made the decision that it is time to get back to business.  That means that businesses will be opening while there is still a continuing risk of...more

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