To establish medical malpractice, a plaintiff must prove that the healthcare provider’s action fell below the standard of care and that the failure was a proximate cause of the plaintiff’s
When a plaintiff sues a doctor for malpractice, the medical facility may also be culpable for negligent credentialing. Healthcare entities have a responsibility to properly vet, credential, and periodically reevaluate
A False Claims Act (FCA) lawsuit against Walgreens was recently dismissed by the Southern District of Texas because the claim was not specific enough. The lawsuit was brought by a
A new law that will drastically reduce surprise medical bills is expected to take effect Jan. 1, 2022. Surprise bills arise when people unknowingly receive healthcare from out-of-network providers. The
Background: While medical professional liability (MPL) claims involving pediatric cases (ages 0-17 years) represent a small fraction of overall MPL claim activity nationally, they differ substantially from adult cases, both
Antoinette Lundy filed a medical malpractice lawsuit on behalf of her son after he suffered brain damage during childbirth. As Lundy’s healthcare providers were considered employees of the federal government
The testimony of two expert witnesses was excluded in a recent Georgia medical malpractice case because the experts’ knowledge and experience did not meet the requirements specified by state law.
In closely watched cases, three circuit courts are weighing whether COVID-19 injury and wrongful death cases should be tried in federal court or the state court where they originated. Citing
The Fifth Circuit disagreed with its own precedent to adopt a definition of “seaman” that it says is more in line with Supreme Court case law. Under the Jones Act,
In July, Johnson & Johnson (J&J) announced a voluntary recall of five sunscreen products sold under its Neutrogena and Aveeno brands after internal testing confirmed the presence of benzene, a
Insurance companies can be found liable for bad faith when they unreasonably deny benefits or fail to properly investigate a claim. In two recent cases, courts deferred to the opinions
Federal prosecutors are ramping up efforts to combat fraud against COVID-19 relief programs, including the Accelerated and Advance Payment Program and the Provider Relief Fund, both of which assisted hospitals
One of the largest operators of skilled nursing facilities (SNFs) in the U.S. has recently agreed to pay a multi-million-dollar settlement to end a 6-year False Claims Act (FCA) case.
An appeals court upheld a defense verdict for a Georgia oncologist who was sued for failing to diagnose a patient’s breast cancer recurrence. The plaintiff’s appeal centered around whether the
A May 2021 ruling by the U.S. Court of Appeals of the Federal Circuit did more than just reinstate damages for the plaintiff of a vaccine injury case. Pivotally, the
