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Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is Unconstitutional as Applied

On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of an infection he contra [1] A party may challenge the constitutionality of a statute in two ways: facially or as applied. A facial challenge applies to every conceivable circumstance in which the statute would be valid. Legal Updates for Health Care Liability – February 25, 2025

New Guidance from Pennsylvania’s Superior Court for Establishing Factual Basis to Transfer Venue

Since the Supreme Court of Pennsylvania’s August 25, 2022, order changed the venue rules in medical malpractice cases—from requiring that cases be filed “only in a county in which the cause of action arose” to applying the same venue standards tha Legal Updates for Health Care Liability – October 17, 2023, has been prepared for our readers by Marshall Dennehey.

Help for Dentists Navigating the Uncharted Waters of COVID-19

According to the Centers for Disease Control and Prevention (CDC), COVID-19 is a respiratory illness thought to spread between people who are in close contact with one another (within about six feet) through respiratory droplets produced when an i Legal Update for Health Care Liability - April 24, 2020, has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.