LDM MedMal Forum2022-09-23T12:32:04-05:00

LDM MedMal Forum

14Feb, 2024

Iowa Supreme Court Issued a Unanimous Opinion Indicating a Certificate of Merit Affidavit is Not Required for a Negligent Retention Claim

By |February 14th, 2024|Categories: Latest News, LDM MedMal Forum|0 Comments

The Iowa Supreme Court recently issued a unanimous, but narrowly written, opinion involving Iowa Code section 147.140, commonly known as the certificate of merit affidavit statute, on February 9, 2024 named Jorgensen v. Smith et. al. The main issue on appeal was whether a plaintiff needs to provide [...]

5Jul, 2023

Amendments to Rule 702 Aim to Tighten Standards for Expert Testimony

By |July 5th, 2023|Categories: Latest News, LDM MedMal Forum|0 Comments

In the thirty years since the Supreme Court decided Daubert v. Merrill Dow Pharmaceuticals, the use of scientific evidence in the courtroom has produced much confusion. Although the scientific literacy of the judiciary has advanced considerably, the proper application of Daubert principles to expert testimony remains inconsistent. Federal Rule [...]

29Jun, 2023

Supreme Court Significantly Expands Potential Nursing Home Liability

By |June 29th, 2023|Categories: Latest News, LDM MedMal Forum|0 Comments

Earlier this month, the United States Supreme Court held residents of nursing homes that receive Medicaid funding can sue in federal court to enforce rights granted to them by the Federal Nursing Home Reform Act (“FNHRA”). This decision significantly expands potential nursing home liability. In Health and Hospital Corporation [...]

18May, 2023

Nebraska Supreme Court Clarifies Summary Judgment Procedure, Likely Relaxes Defendant Physicians’ Burden

By |May 18th, 2023|Categories: LDM MedMal Forum|0 Comments

  In Clark v. Scheels All Sports, Inc., 314 Neb. 49 (2023), the Nebraska Supreme Court hinted a longstanding paradigm that governed summary judgment procedure in medical malpractice actions is likely no more. Before Clark, a defendant physician could prevail on summary judgment by preparing and submitting an affidavit [...]

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Experienced legal professionals discussing medical malpractice issues of interest to health care providers, risk managers, and attorneys.

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