Medical Malpractice

Supreme Court to Decide on Applicability of State Expert Affidavit Requirements in Federal Medical-Malpractice Cases

Pieter Gunst04 mins

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…

Read More

Stanford’s David Studdert Joins National Academy of Medicine

Pieter Gunst02 mins

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…

Read More

Hinshaw & Culbertson Faces Scrutiny Amid Multiple Malpractice Lawsuits

Pieter Gunst02 mins

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…

Read More

Legal Industry Alert: Am Law 200 Firm Sanctioned for Discovery Violations in Medical Malpractice Case

Pieter Gunst01 mins

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…

Read More

Pennsylvania Court Upholds Record $207.6 Million Birth Injury Verdict Against University Hospital

Pieter Gunst01 mins

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,…

Read More

Key Legal Cases in Social Media Addiction and Medical Malpractice Expected to Set Precedents in 2025

Pieter Gunst01 mins

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…

Read More

Supreme Court Weighs RICO Claims in Personal Injury; $7.4 Billion Opioid Settlement Marks 2025 Legal Milestones

Pieter Gunst01 mins

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…

Read More

Philadelphia Judge Enforces Scheduling Restriction on Marshall Dennehey Lawyer Over Trial Overload

Pieter Gunst01 mins

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…

Read More

Georgia Court of Appeals Reviews $13.7 Million Attorney Fee in High-Profile Malpractice Case

Pieter Gunst01 mins

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…

Read More

“High-Low Agreement Boosts Motorcyclist’s Crash Case Compensation by $10 Million”

Pieter Gunst01 mins

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…

Read More

K&L Gates Sees Key Departures in Asia as Partners Move to New Roles

Pieter Gunst01 mins

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,…

Read More

Veteran Health-Care Attorney Katie Anderson Joins Hinshaw & Culbertson as Partner in Illinois

Pieter Gunst02 mins

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…

Read More

Enhanced Legal Recourse for Medical Injuries in California: The Rise of Medical Battery Claims

Pieter Gunst03 mins

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…

Read More

Georgia Court Awards $25 Million Verdict in Groundbreaking Fetal Wrongful Death Case, Spotlights AI Legal Strategy

Pieter Gunst02 mins

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”…

Read More

Federal Prosecutors Seek Three-Year Sentence for Baltimore Attorney in $25 Million Medical Center Extortion Case

Pieter Gunst01 mins

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…

Read More

Gordon Rees Scully Mansukhani Expands Healthcare Litigation Expertise with Megan Bosak’s Appointment in Columbus

Pieter Gunst02 mins

Gordon Rees Scully Mansukhani (GRSM) has announced the addition of Megan Bosak as a partner in its health-care and commercial litigation practices, located in Columbus, Ohio. This strategic move, unveiled on Thursday, is part of GRSM’s ongoing expansion efforts in the healthcare sector. Megan Bosak’s recruitment is expected to bolster the firm’s capabilities in handling…

Read More

Supreme Court Examines Key Issues in Restitution, Medical Malpractice, and Capital Appeals

Pieter Gunst03 mins

The Supreme Court continues to delve into complex legal issues as it grapples with long-standing disputes regarding restitution, medical malpractice, and capital appeals. In recent preliminaries, the justices considered petitions that scrutinize these multifaceted issues. With 126 petitions up for review, several key cases stand out. Ellingburg v. United States addresses whether restitution ordered as…

Read More

Supreme Court Declines to Reevaluate Controversial Feres Doctrine, Maintaining Legal Precedent for Military Personnel

Pieter Gunst02 mins

The United States Supreme Court has opted not to revisit the longstanding Feres doctrine, a rule that has stops service members from pursuing legal action against the federal government for events considered “incident to service.” This decision was met with dissent from Justice Clarence Thomas, who expressed concern over what he termed “the mess that…

Read More

Third Circuit Halts Decision on Pennsylvania’s Medical Malpractice Fund Pending Supreme Court Review

Pieter Gunst01 mins

The Third Circuit has decided to pause its decision regarding Pennsylvania’s medical malpractice insurance fund, recognizing the fund as a state agency entitled to tap into its substantial $300 million surplus. This ruling awaits further examination pending an appeal to the United States Supreme Court. The judicial stay highlights the ongoing legal debate over the…

Read More

State Appeals Court Decision Affirms Defense in Medical Malpractice Case, Highlights Judicial Discretion in Trial Procedures

Pieter Gunst01 mins

A recent ruling from a state appeals court has upheld a defense verdict in a medical malpractice case, thwarting attempts to challenge the decision based on allegedly blocked cross-examination. The case involved defendants who testified about changing antiseptic practices as part of a strategy of “practicing defensive medicine” following the incident in question. This ruling…

Read More

U.S. Appeals Court Affirms Need for Medical Evidence in Malpractice Claims on Self-Diagnosis

Pieter Gunst01 mins

The U.S. Court of Appeals for the Eighth Circuit recently upheld a decision from the U.S. District Court for the Eastern District of Missouri, strongly impacting medical malpractice litigation standards related to self-diagnosis. The plaintiff’s claims were dismissed, as she did not provide admissible evidence proving her self-diagnosed nickel allergy led to an adverse reaction…

Read More