Audit Trail Discovery in Med-Mal: What Works in 2026
EMR audit logs have moved from contested ESI to baseline discovery in medical-malpractice practice. A look at how plaintiff firms are using…
Category
Medical Malpractice
MICRA, standard of care, expert practice
Med-Mal Severity Hits Records: $108.6M Birth Injury and What PI Firms Must Price In
S&P Global May 2026: $500K-or-above payments now represent 36.5% of all med-mal paid claims, an all-time record across casualty lines. A $1…
Berk v. Choy at Six Months: Federal-Court Malpractice Filings After the Affidavit-of-Merit Displacement
The U.S. Supreme Court's unanimous January 20 decision in Berk v. Choy held that Federal Rule of Civil Procedure 8 displaces state affidavi…
Intuitive Surgical Stapler Recall Opens Robotic Surgery Product Liability Claims
The FDA issued a Class I recall for Intuitive Surgical's 8 mm SureForm 30 Gray Reload on March 11, 2026, citing one confirmed patient death…
ALI's Medical Malpractice Restatement Moves the Standard from Customary Practice to Reasonable Care
The American Law Institute's Restatement of the Law of Medical Malpractice shifts the standard of care from customary practice toward reaso…
Berk v. Choy at Four Months: Federal-Forum Strategy in Medical Malpractice Cases
The Supreme Court's January 2026 decision in Berk v. Choy held that state pleading-stage affidavit-of-merit requirements do not apply in fe…
Memphis $38M Birth-Injury Verdict Tops Tennessee Med-Mal Charts as MICRA Caps Reset
A Memphis jury returned a $38 million verdict in April 2026 in Varian v. Einhorn against Regional One Health physicians for a delayed cesar…
EMR Audit Trail Discovery: The Evidence the Printed Chart Hides
The single most useful piece of evidence in a contemporary medical-malpractice case is often the EMR audit trail, and it is also the piece…
$108.6M Birth Injury and PE Liability Verdicts Reshape 2026 Med-Mal Strategy
A Philadelphia jury returned $108.6 million against Jefferson Health on March 20, 2026, while a Sacramento jury awarded $110 million the sa…
Missouri's Tightened Expert Rules: Sourcing Under § 538.225
Missouri's revised affidavit-of-merit standard, effective January 2026, narrows the qualified expert pool with a one-year clinical-currency…