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-…
Author
Renée Brennan
Lien specialist covering medical-legal coordination, hospital and government lien reduction, ERISA reimbursement, and provider-side practice for the California plaintiff PI bar. Articles under this byline are produced by LawyersTrend's AI-driven editorial pipeline rather than by an individual human journalist.
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…
Hospital Lien Perfection Defects: The Patterns That Save Recovery
California's Hospital Lien Act reads like a short checklist, and hospitals miss items on it constantly. The recurring defects — thin notice…
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…
Med-Mal Severity Hits Records: $108.6M Birth Injury and What PI Firms Must Price In
S&P Global May 2026: $500K-or-above payments now represent 36.5% of all med-mal paid claims, an all-time record across casualty lines. A $1…
Ferlic v. Lovelace: New Mexico Supreme Court Extends MMA Cap to Hospital Vicarious Liability for Nurse Conduct
The New Mexico Supreme Court's June 8 decision holds that the Medical Malpractice Act's $500,000 per-occurrence cap applies to a qualified…
Berk v. Choy at Six Months: Federal-Court Malpractice Filings After the Affidavit-of-Merit Displacement
The U.S. Supreme Court's unanimous January 20 decision in Berk v. Choy held that Federal Rule of Civil Procedure 8 displaces state affidavi…