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Supreme Court Case Could Transform Malpractice Litigation Rules

10/9/2025

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Story summary
  • The Supreme Court opened its term by hearing a malpractice case on state filing rules.
  • Harold Berk was blocked in Delaware for lacking a local doctor's affidavit.
  • A ruling could reshape cross-state malpractice litigation by removing affidavit requirement.
  • Court expected to issue a decision by June 2026.
  • Senate Health Chair Bill Cassidy criticized the American Medical Association's procedural codes as anti-patient.