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Medical Malpractice

Epstein Becker & Green

Distinguishing Deceptive Trade Practices From Negligent Care: Exploring the Boundaries Between Consumer Protection and Medical...

Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 2, Issue 6, June 2025

Welcome to our sixth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the impact of supply chain and tariff issues on the industry, the veto of Florida's...more

Fox Rothschild LLP

Florida’s Medical Malpractice Reform: Navigating the Shifting Landscape for Providers

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Florida’s healthcare providers and their insurers are on the verge of a significant adjustment to the state’s medical malpractice landscape. For over three decades, a controversial provision within Florida’s medical...more

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Marshall Dennehey

Ohio Supreme Court Orders In Camera Review in Peer Review Privilege Dispute

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Stull v. Summa Health System, 177 Ohio St.3d 543, --- N.E.3d ---, 2024-Ohio-5718 - In a discovery dispute over the applicability of peer review privilege, the Ohio Supreme Court ruled that the trial court should conduct an in...more

Carlton Fields

Tenth Circuit Interprets Excess Policy’s Definition of “Medical Incident” as Applying to the Injuries of One Single Person

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On May 2, 2025, the Tenth Circuit Court of Appeals issued an opinion in AdHealth Limited v. PorterCare Adventist Health Systems affirming the lower court’s summary judgment ruling that a hospital’s excess liability insurance...more

JUSTICENTER

What Are the Most Common Personal Injury Claims?

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When you get hurt because of another person’s carelessness, you might be able to file what’s called a “personal injury claim.” While your injuries can be mild or very serious, you must prove that they have affected your...more

Marshall Dennehey

Pennsylvania Superior Court Affirms Dismissal of Medical Negligence Claims Due to Insufficient Evidence

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Vandever v. Stair, 2025 WL 523863 (Pa. Super. Ct. 2025) - The Pennsylvania Superior Court upheld the dismissal of a medical negligence claim against a physician, finding that the plaintiff failed to present sufficient...more

Rodemer Kane Attorneys at Law

The Seven Types of Fractures Caused in Personal Injury Accidents

Personal injury accidents come in many different forms, everything from car crashes and workplace mishaps to slips, falls, and sports injuries. Many of these accidents result in bone fractures. These injuries can vary widely...more

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

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