Month: August 2025

Berk v. Choy, 2024 WL 3534482 (3d Cir. July 25, 2024), cert. granted, 145 S.Ct. 1328 (2025) (Mem.) Most medical malpractice actions are litigated in state court. Patients typically seek medical care near their residence, which usually means the patient and medical provider are based in the same state. However, when a patient seeks medical care in a different state…

Somerlot v. Jung, 2025 WL 2157391 (Pa. Super. Ct. July 30, 2025) When parties enter arms-length negotiations to form a contract, drafts are exchanged to settle on a final agreement. But when a patient signs a consent form for a surgery or medical procedure, does the patient have the right (or foresight) to negotiate provisions of the consent form? An…