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Daily Blogs

Pennsylvania Appellate Court Grants New Trial For Medical Malpractice Plaintiff Where Settling Defendants Not Dismissed Before Trial

February 4, 2026

The Superior Court of Pennsylvania stated in its non-precedential decision filed on December 15, 2025: “[T]he entitlement for settling defendants to remain as parties to an action in order to establish their status as joint tortfeasors, and then have a jury apportion liability among those part[...]

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Alabama Supreme Court Affirms Summary Judgment For Employer Of Former Medical Malpractice Defendant

February 3, 2026

Plaintiff Leonard L. Hixon underwent surgery to have a mass removed from the right side of his face. Although Hixonapparently began experiencing complications, including facial paralysis, soon after that surgery, it was not until two years later on December 2, 2024, that Hixon filed his Alabama medi[...]

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Study: Urgent Care Clinics Are Inappropriately Prescribing Medications

February 2, 2026

A recent study of urgent care clinic visits involving more than 22 million U.S. patient visits from 2018 to 2022 found many cases of inappropriately prescribed antibiotics, glucocorticoids, and opioids for common conditions. For antibiotics, there were high rates of prescribing for “never appr[...]

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Texas Supreme Court Upholds Calculation Of Medical Malpractice Verdict Reduction For Settlement Credit

February 1, 2026

Robert Detrick and his wife sued a skilled nursing facility, claiming its nurses negligently failed to notify his doctors of a change in his condition. Detrick alleged that this failure led to a delay in diagnosing a compression of his spinal cord, resulting in his paralysis. Detrick also sued other[...]

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North Carolina Supreme Court Holds Negligent Retention Claim Is Medical Malpractice Claim

January 31, 2026

The Supreme Court of North Carolina stated in its December 12, 2025 opinion: “[T]he General Assembly has defined a medical malpractice action as an action encompassing negligent retention claims against corporate entities … The General Assembly has chosen to bar malpractice actions four [...]

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Nevada Supreme Court Holds Negligent Decision To Discharge Patient Is Medical Malpractice Claim, Not Ordinary Negligence

January 30, 2026

Scott Freeman was discharged in the middle of the night from Renown Regional Medical Center after being treated for mere hours. Scott’s wife, Melissa Freeman, was traveling at the time, and thus, there was no adult in the home to receive Scott or provide him with care following his discharge. [...]

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Oregon Supreme Court Rules Medical Professionals Can Be Held Liable For Injuries To Nonpatients

January 29, 2026

The Supreme Court of the State of Oregon stated in its En Banc decision dated December 11, 2025: “The question in this case is whether medical professionals, alleged to have negligently prescribed and distributed drugs to a patient, may be liable for allegedly foreseeable physical injuries tha[...]

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Federal Appellate Court Allows Public Nuisance Lawsuit Against Opioid Distributors In West Virginia

January 28, 2026

The opioid epidemic in West Virginia continues to have a devastating impact on the health and welfare of communities throughout the state. In fact, it is undisputed in the present appeal that West Virginia is “ground zero” for the opioid epidemic in the United States. Within West Virginia, indiv[...]

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Investigation Uncovers Massive Medicaid Scam At Two New Jersey Nursing Homes

January 27, 2026

The Office of the State Comptroller finds Hammonton and Deptford nursing home owners and associates diverted millions as residents suffered and should repay $124 million: The New Jersey Office of the State Comptroller (OSC) has conducted an in-depth investigation into the operations of two nursing h[...]

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Michigan Appellate Court Affirms Medical Malpractice Jury Verdict

January 26, 2026

In October 2018, the decedent was 63 years old and suffered from hypertension, diabetes, renal disease requiring dialysis, and peripheral vascular disease. She had already been hospitalized for extended periods on multiple occasions during 2018 when she was admitted to Beaumont Hospital Farmington H[...]

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U.S. Supreme Court Revives HIV Discrimination Case, Ruling State Immunity Law Does Not Preclude Federal Claim

January 25, 2026

The Supreme Court of the United States stated in its December 8, 2025 Per Curiam: “Louisiana immunizes healthcare providers from civil liability during public health emergencies. La. Rev. Stat. Ann.§29:771(B)(2)(c)(i) (West 2022). Below, the Louisiana Court of Appeal held that this state stat[...]

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Minnesota Assisted Living Resident Died After Falling And Slowly Asphyxiating, As Staff Stood By

January 24, 2026

An incident report dated March 30, 2025, at 5:33 p.m., indicated ULP-D had been in the assisted living dining room, getting coffee and spoke with residents. Dietary staff (DS)-E informed ULP-D R1 fell off his scooter and was lying across his scooter with his neck being pinched between his scooter an[...]

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