Success in a medical malpractice case largely hinges on the strength of evidence that victims or plaintiffs can present. Ideally, the evidence takes the form of documents that confirm instances of negligence, failure in duty of care, or inappropriate actions on the part of healthcare providers. Patients considering a claim may find it challenging to…
The COVID tolling window, allowing for the filing of personal injury cases impacted by the pandemic, has now officially ended. In light of this development, time may be running out for victims who have accrued any personal injury complaints in the midst of the pandemic, specifically during the defined 228-day tolling period that spanned from…
In a current development, the manufacturer of cochlear implants, hereafter termed as the ‘Requestor’, has put forward an arrangement to provide complimentary compatible hearing aids for their patients. This Proposed Arrangement would cater to patients who already receive one of their implants. The operations and implications of this proposal are far-reaching and potential ramifications are…
In an intriguing development for practitioners in the legal and accountancy sectors, the United States Court of Appeals for the Tenth Circuit, applying Oklahoma law, has made a firm decision marking a significant moment for Wiley’s client, an accounting firm. The court of appeal concluded that a lawsuit alleging negligence in connection with three successive…
In a recent Florida district court case, American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, the court clarified a persistent ambiguity regarding the applicable statute of limitations for construction-related professional negligence claims against design professionals. Previously, there has been considerable dispute and uncertainty over whether the two-year or four-year limitation periods apply under the…
The Justice Department’s bankruptcy monitoring program has raised concerns regarding a bankruptcy plan proposed by Corizon Health Inc.’s shell company, Tehum Care Services Inc. This plan was mediated by Judge David R. Jones, who recently admitted to a romantic relationship with an attorney involved in the plan’s negotiations. Tehum Care Services Inc. was reportedly created…
In a noteworthy development that transpired today, the Arizona Supreme Court has made a critical ruling concerning claims against medical institutions. The said court held that A.R.S. § 12-2604, a statute that impels plaintiffs to submit preliminary expert affidavits in cases of medical malpractice, does not necessarily apply to independent claims brought against a medical…
Medical malpractice claims are a multifaceted sphere in the realm of law. It is often important for both law professionals and their clients to understand the intricate nuances involved in a medical malpractice claim. Morris James LLP provides a comprehensive overview of some of the essential dos and don’ts to be considered during a medical…
One of the latest milestones in the world of legal developments occurred recently in Minnesota. On May 20, 2023, the state passed the Survivorship Bill. This significant move made Minnesota the final state to pass such a bill, providing a much-expanded scope of justice for victims of medical malpractice and wrongful deaths. This news was…
The HLTH 2023 conference was a fertile ground for radical and innovative healthcare models, one of which was introduced by venture capital firm General Catalyst. The firm’s Health Assurance Transformation Corporation (HATCo) is a pioneering initiative designed to change longstanding paradigms ingrained within our healthcare systems. The dual philosophies that govern our healthcare can seem…
A recent article has shed light on the strenuous and time-consuming process that legal firms and corporations face in handling disability litigation. This involves going through the meticulous task of redacting sensitive data in disability, insurance, personal injury, and medical malpractice litigation cases. Given the necessity of sharing or e-filing medical records and insurance documentation…
The unresolved issue of the 40 vacant judgeships in Massachusetts state courts continues to be a cause for concern among attorneys in the region. These lingering vacancies pose significant problems such as litigation delays, resulting in rising tension particularly in time-sensitive matters. Notably, this issue has been felt most acutely in criminal cases, product liability…
The Court of Appeals for the First Appellate District of Ohio recently upheld a jury’s verdict, ruling in favour of a doctor and a plastic surgery center implicated in a medical malpractice suit. The suit originated from the family of a patient who passed away due to medical complications following treatment. The patient’s family alleged…
In the intricate realm of medical malpractice litigation, determining who to hold accountable for injuries can often be a daunting task. Navigating these legal waters demands a meticulous investigation into the specifics of each case and an understanding of the potential liable parties or organizations. This article provided by Morris James LLP can serve as…
During oral arguments on Thursday, the Illinois Supreme Court deliberated whether a press release issued by a Chicago plaintiffs law firm, announcing a $4.2 million jury award in a medical malpractice lawsuit, breached the Mental Health and Developmental Disabilities Confidentiality Act by revealing the specifics of its former client’s mental health diagnoses. The press release…
The 21st Annual Advanced Forum on Obstetric Malpractice Claims, slated to take place on October 12th – 13th in Philadelphia, PA, promises an interesting assembly of claim specialists, risk managers, medical experts, and a variety of plaintiff and defense attorneys. These seasoned professionals are set to share their insights on the complex medical and legal…
If you believe you are a victim of medical negligence, a meeting with a medical malpractice lawyer is a vital step in protecting your rights. Nevertheless, many victims may delay this important encounter due to feelings of intimidation, being overwhelmed by their current physical and emotional injuries. The link provided here reveals that such delays…
In the world of healthcare, the stakes are high. As a provider, a lapse in critical judgement could lead to a medical error with life-altering consequences. But when does a medical error cross the threshold and become not only a civil dispute but a criminal act? This question has been at the forefront of discussions…
In a world where medical malpractice is unfortunately not uncommon, the calculation of pain and suffering in such cases is a crucial detail for both the legal and health sectors. Medical malpractice occurs when a patient is injured due to a healthcare professional’s mistake. These professionals, whether they be individual practitioners or entire healthcare institutions,…
In the ever-evolving world of legal practice, Georgia’s recent Medical Malpractice cases are offering attorneys new opportunities to secure significant verdicts, according to lawyers from Miles Mediation & Arbitration. As they point out, the COVID-19 pandemic has wrought transformative change on every aspect of human existence, with the legal profession far from an exception. Traditions…
In a recent ruling, an Ohio appeals court reversed and remanded a jury verdict of nearly $1 million relating to a medical malpractice case, citing prejudicial errors and improper jury instruction at the trial court level. These errors, according to the appellate court, compromised the defence’s case warranting a new trial. The September 1 opinion…
The Virginia State Bar is currently seeking volunteer lawyers to serve on its Medical Malpractice Review Panels, according to a recent announcement. To be eligible to volunteer, lawyers should be an active, in-good-standing member of the Bar and actively participating. The Virginia State Bar’s announcement points out that the Review Panels are currently looking to…
In a significant ruling out of Massachusetts, the state’s Appeals Court reversed a Superior Court’s denial of an eye surgeon’s motion to dismiss a medical malpractice action. The case involved plaintiff Carlos E. Lopez Rivera, a Spanish-speaker, who signed an arbitration agreement prior to eye surgery under surgeon Steven W. Stetson. Lopez later filed a…
The U.S. Court of Appeals for the Eighth Circuit has provided clarification on the conditions necessary for a treating physician to provide expert testimony regarding the cause of a plaintiff’s injury. The court stated that such a physician must submit an expert report in line with Federal Rule of Civil Procedure 26(a)(2). The elucidation was…