The U.S. Supreme Court has addressed a significant procedural question in the realm of medical malpractice litigation by rejecting state-imposed limits on malpractice actions brought in federal courts. In a unanimous ruling on Berk v. Choy, the court determined that federal procedural rules take precedence over certain state requirements, thereby facilitating a more streamlined federal…
This morning, the United States Supreme Court engaged in oral arguments in Trump v. Cook, a highly anticipated case involving President Donald Trump’s controversial dismissal of Federal Reserve Governor Lisa Cook. The proceedings, commencing at 9:30 a.m. EST, were live-blogged by SCOTUSblog, offering real-time updates on the arguments presented by legal representatives from both sides….
The legal community is closely watching an appellate court’s review of a significant medical malpractice case that led to a $50 million verdict. At the center of the debate is the question of whether certain evidence, while not directly causal, is still highly pertinent to the case. The defense contends that the evidence should not…
In a significant legal development, a medical malpractice case concluded with a $48 million verdict following three mistrials. This outcome has drawn considerable attention within legal circles, not only because of the substantial amount awarded but also due to the complexities faced during the trial process. The case involved a plaintiff with multiple cancer diagnoses,…
Gordon Rees Scully Mansukhani has announced a strategic expansion of its healthcare practice with the addition of a seasoned healthcare litigator to its San Francisco office. This move is part of the firm’s broader effort to bolster its capabilities in the intricate field of healthcare law, an area increasingly demanding specialized expertise amidst evolving regulatory…
In a recent dissent, Justice Clarence Thomas, joined by Justice Neil Gorsuch, has called for the Supreme Court to reconsider the “Feres doctrine,” a longstanding judicial principle that bars members of the military from suing the federal government for injuries sustained in the course of service. Thomas contends that this doctrine lacks a solid foundation…
The legal landscape in Georgia is undergoing a significant shift, as a surge in personal injury lawsuits emerges ahead of impending tort reform legislation. This spike in legal activity comes amid growing anticipation of changes that could potentially restrict future claims. Georgia’s legal community and corporate stakeholders are closely monitoring this influx, which has underscored…
The recent decision by a Florida appellate court to overturn an $11 million jury award in a medical malpractice case against a hospital has sparked widespread concern about the reliability of the justice system. The jury originally found the hospital liable for negligence leading to a patient’s severe injury, but the court’s decision to vacate…
In a recent lawsuit that underscores the growing scrutiny of telehealth services, a family has filed a medical malpractice suit against a leading telehealth provider following the suicide of a patient. The lawsuit alleges that the provider’s negligence contributed to the tragic outcome, raising questions about the standards of care in the rapidly expanding realm…
Philadelphia’s journey from struggling with a backlog in medical malpractice cases to leading Pennsylvania in case clearance rates reflects a strategic overhaul of its legal processes. Key changes have been implemented by the judges overseeing the program, accelerating case timelines and promising further improvements in the coming year. The transformation is particularly noteworthy given the…
An Illinois appellate court has overturned a lower court’s decision, mandating the transfer of a medical malpractice lawsuit to Winnebago County. Justice Sanjay T. Tailor, writing for the panel, stated, “Because the circuit court conceded that plaintiff’s choice of forum is entitled to little deference and all of public and private interest factors here are…
Wilson Elser Moskowitz Edelman & Dicker LLP has significantly expanded its Seattle office by adding 17 attorneys, including eight partners, from regional litigation firms Bullivant Houser Bailey PC and Lee Smart PS Inc. This strategic move underscores the firm’s commitment to strengthening its presence in the Pacific Northwest. In October 2023, Wilson Elser opened a…
The U.S. Supreme Court recently deliberated on a critical issue regarding the interface between state and federal judicial systems in the context of malpractice cases. The case in question, Berk v. Choy, revolves around the applicability of Delaware’s procedural rules for medical malpractice cases within federal courts. During the oral arguments, the Justices examined the…
The U.S. Supreme Court is set to delve into a pivotal legal conundrum, examining whether Delaware’s medical malpractice statute can be implemented in federal court. This case, poised for oral arguments on Monday, could set substantial precedents for analogous laws across 28 states. The heart of the matter lies in determining the extent to which…
The Supreme Court case Berk v. Choy, scheduled for oral argument on October 6th, presents critical questions about the intersection of state malpractice statutes and federal court procedures. In this case, Harold Berk claims negligence by physician Wilson Choy and Beebe Medical Center following his treatment for an injury in Delaware. Under the Delaware “affidavit…
Hall Booth Smith, P.C. (HBS), an Atlanta-based litigation firm, has expanded its presence in New Jersey by appointing Joel I. Fishbein as of counsel in its Aging Services Practice. Fishbein brings over three decades of experience in litigation and risk management, representing long-term care providers, hospitals, physicians, and businesses in complex disputes. His addition is…
In a recent decision, the U.S. Court of Appeals for the First Circuit dismissed a lawsuit concerning the delayed medical malpractice investigation into the death of Melissa Allen, who passed away shortly after an emergency cesarean section at Lowell General Hospital. Brad O’Brien, her partner, initiated the lawsuit, arguing that the statute of limitations should…
An appellate court in North Carolina confirmed the legality of a law imposing a $500,000 cap on compensatory damages in specific medical malpractice cases. This decision emerged from the case of a woman striving to recover the full $7.5 million dictated by a jury, following the tragic loss of her unborn child. You can read…
The U.S. Supreme Court is set to decide a significant issue regarding the application of state-level medical malpractice pleading requirements in federal courts. This decision arises amidst a legal landscape where nearly 30 states mandate medical malpractice plaintiffs to provide expert affidavits that attest to the validity of their claims. The consideration of these requirements…
A recent medical malpractice case in Gwinnett County has resulted in an $18.3 million verdict following an unexpected twist involving a typographical error. This legal proceeding has captured the attention of legal professionals due to the pivotal role a seemingly minor mistake played in the trial’s outcome. The case centered on allegations of negligence by…
The U.S. Supreme Court is poised to resolve a critical question in the realm of medical-malpractice litigation: whether state-level requirements for filing expert affidavits are applicable in federal courts when cases fall under diversity jurisdiction. With nearly 30 states mandating that plaintiffs in medical-malpractice suits submit affidavits from experts to support their claims, the decision…
Stanford Law School and Stanford University School of Medicine’s distinguished faculty member, Professor David Studdert, has been elected to the prestigious National Academy of Medicine. As the university’s vice provost and dean of research, Studdert is renowned for his interdisciplinary work that bridges law, health sciences, and public policy. His election to the National Academy…
Hinshaw & Culbertson LLP, a Chicago-based law firm, is set to face a malpractice lawsuit following a recent decision by a Florida appeals panel. The panel overturned a lower court’s ruling that had previously favored the firm, determining that the plaintiff—a pilot safety training company—did not forfeit its claims by settling an underlying arbitration. This…
In a notable legal development, an Am Law 200 firm, Wicker Smith, faced sanctions in a South Florida medical-malpractice case. A judge’s ruling cited the firm’s “systematic disobedience” and discovery violations, prompting the defense to settle the case after the trial commenced. This decision underscores the judiciary’s growing intolerance for procedural noncompliance in litigation. In…
In a significant legal decision, the Pennsylvania Superior Court has upheld a $207.6 million birth injury judgment against the Hospital of the University of Pennsylvania. This ruling, finalized on Thursday, marks the largest-ever medical malpractice verdict reported in the state. However, the hospital had challenged the verdict on the grounds of legal theory. Maureen McBride,…