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,…
In the latter half of 2025, attorneys specializing in personal injury and medical malpractice will be closely observing significant legal developments. Among these is a multidistrict litigation proceeding concerning social media addiction, which targets major technology firms. Additionally, a pivotal case before the U.S. Supreme Court might influence state-specific requirements for medical malpractice lawsuits. These…
The first half of 2025 witnessed significant developments in personal injury and medical malpractice litigation. Notably, the U.S. Supreme Court examined whether personal injury claims could be pursued under the Racketeer Influenced and Corrupt Organizations Act (RICO). Additionally, a substantial $7.4 billion settlement was reached involving the Sackler family and Purdue Pharma, underscoring the ongoing…
At a recent hearing, Philadelphia Judge Daniel Anders imposed a restriction on Marshall Dennehey partner Gary Samms, requiring him to designate substitute counsel in cases where he is unavailable. The measure responds to the complications stemming from Samms’ overloaded trial schedule. Judge Anders noted the unprecedented scheduling issues Samms has caused, citing that Samms has…
In a significant development for the legal community, Atlanta Women’s Specialists LLC and one of its physicians are appealing a $13.7 million attorney fee award linked to a $45.8 million medical malpractice judgment. This case, currently under the consideration of the Georgia Court of Appeals, involves allegations of severe brain damage suffered by a woman…
A recent case concerning a Delaware man’s medical malpractice claim has sparked debate over the applicability of state procedural rules in federal courts. The crux of the issue lies in the use of a state-required affidavit of merit, which led to the dismissal of the man’s lawsuit in a federal court. This situation raises broader…
In a notable development within personal injury law, a last-minute “high-low” agreement secured by attorneys for an injured motorcyclist has significantly increased the awarded damages in a case involving a crash caused by a postal worker. The “high-low” agreement, often employed in litigation to manage risk for both parties, resulted in an additional $10 million…
K&L Gates has experienced a change in its Asia’s legal team as technology partner Paul Haswell departs for Howse Williams in Hong Kong. Meanwhile, Palaniappan Sundararaj, formerly K&L Gates Singapore director, has chosen to rejoin his previous colleagues at Sreenivasan Chambers. Sundararaj is recognized for his focus on medical malpractice, criminal law, contract law, torts,…
In a recent development within the legal health-care sector, Hinshaw & Culbertson has announced the addition of Katie Anderson as a partner in their health-care practice group based in Springfield, Illinois. Anderson brings a wealth of experience to the firm, particularly in the realm of defending physician practice groups and individual physicians against medical malpractice…
In California, patients who experience injuries during medical procedures now have the potential for greater legal recourse due to the evolving recognition of medical battery claims. While medical malpractice remains a primary avenue for redress, certain actions by healthcare providers may elevate the case to medical battery. This distinction can be crucial, as it offers…
A recent ruling by a state high court could extend the lifespan of medical malpractice claims. The court held that “definitely established” doctor visits might allow some claims to continue past the initial timeline limitations. This decision emerged from the case of Lorraine Bellmar, who sued Dr. Robert R. Moore over the death of her…
A recent legal development in Georgia has captured the attention of the legal community. A collaborative effort between McArthur Law Firm and Dellacona Law Firm resulted in a $25 million verdict in Bibb County State Court, marking a significant valuation of an unborn child’s life. This figure notably includes $4 million for the “economic value”…
In a significant legal development, federal prosecutors are pursuing a three-year prison sentence for a distinguished Baltimore attorney. The legal professional has been found guilty of orchestrating a $25 million extortion scheme targeting the University of Maryland Medical Center. The extortion involved fabricated claims alleging that the hospital engaged in the unethical and dangerous practice…