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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…
Houston Methodist St. John Hospital v. Cagle, 2025 WL 2077081 (Tex. Ct. App. July 24, 2025) In many states, including Delaware, a medical expert is nearly always required to certify a medical malpractice case before or shortly after it is filed. States refer to this requirement in varying ways. In Delaware, a confidential “Affidavit of Merit” must accompany the filing…
Introduction Cryopreservation—storing frozen specimens for future use—is an essential tool in the field of assisted reproductive technology, of which in vitro fertilization (IVF) is the best known. The rapid technological improvement of cryopreservation has accompanied a booming societal interest in family planning. As individuals increasingly choose to cryopreserve oocytes, sperm, or fertilized embryos, the legal consequences of an IVF facility’s…
Unlike many other states, Delaware, in most circumstances, has no exception to its strict two-year statute of limitation on medical negligence actions. This means that in Delaware, an injured adult is barred from bringing a cause of action for injuries sustained as a result of medical malpractice unless he or she commences the lawsuit within two years after the act or…