Getting Past the Peer-Review Privilege in Med-Mal Cases
The peer-review privilege is narrower than the standard objection letter pretends. How to separate the protected deliberative core from the…
Category
Medical Malpractice
MICRA, standard of care, expert practice
Holding the Hospital Liable for the ER's Independent Contractors
Emergency-room physicians are almost never hospital employees. Ostensible agency is how plaintiffs reach the institution anyway, and the co…
Nuclear Med-Mal Verdicts and MICRA Cap Resets Reshape Lien Recovery in 2026
A Philadelphia jury returned a $35 million verdict for Isis Spencer after contaminated biopsy slides caused an unnecessary hysterectomy, an…
Litigating the ER Malpractice Case Under the Gross-Negligence Bar
In heightened-standard states, emergency-department malpractice cases are won on whether the emergency-care shield attaches at all, not on…
Building the Loss-of-Chance Case When the Odds Were Already Long
Delayed-diagnosis files where the patient's baseline survival odds sat below fifty percent look dead under traditional causation. The loss-…
Informed Consent Is Not a Shield Against Negligence
Informed consent can win on its own and lose you the negligence case if you handle it carelessly. It has its own elements, its own causatio…
Maine $23.1M Paralysis Verdict Leads 2026 Med-Mal Surge Across Five Jurisdictions
A Maine jury returned $23.1M on June 18, 2026, in Giordano v. Northern Light AR Gould Hospital for permanent paralysis, one of the largest…
Berk v. Choy and the Federal Merit-Affidavit Question
The Supreme Court held state certificate-of-merit statutes do not apply in federal court. What Berk v. Choy changes for forum choice, exper…
NEC Formula Liability: $495M Gill Ruling and July Bellwether Trial Shape MDL 3026
Missouri's Court of Appeals upheld the $495 million Gill v. Abbott verdict in May 2026, rejecting the learned-intermediary defense for pret…
Nuclear Med-Mal Verdicts and MICRA Cap Increases Redefine PI Lien Math in 2026
Two 2026 verdicts have set new benchmarks: a $23.1M spinal cord compression award in Giordano v. Northern Light AR Gould Hospital in Maine…
After Berk v. Choy: Merit Affidavits and EMR Audit Trails
The Supreme Court's unanimous Berk v. Choy ruling pulls state affidavit-of-merit deadlines out of federal court, while audit-trail discover…
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…