Medical Malpractice

  • March 27, 2017

    Pa. Atty Beats Malpractice Suit Over Failed Med Mal Case

    A split Pennsylvania appellate court panel on Monday affirmed the dismissal of a legal malpractice suit accusing an attorney of failing to obtain an expert opinion which purportedly doomed a couple’s medical malpractice case, saying the couple’s medical witness was not qualified as an expert under state law.

  • March 27, 2017

    Justices Won't Revisit 'McDonald's Of Urology' Conviction

    The U.S. Supreme Court on Monday declined to revisit the criminal conviction of the self-described “McDonald’s of Urology,” leaving intact a flexible reading of what it means to sell medical products that may be contaminated.

  • March 27, 2017

    Justices Nix Arbitration Appeal In Nursing Home Death Suit

    The U.S. Supreme Court said Monday it would not hear an appeal of a decision by Pennsylvania’s highest court allowing separate arbitration hearings for survival claims brought as part of wrongful death suits against skilled nursing facilities.

  • March 27, 2017

    Sperm Bank Can't Dodge Couple's Suit Over Donor Portrayal

    The bulk of a same-sex couple’s suit against sperm bank manager Xytex Corp. can move forward, a California federal judge said Friday, ruling they had adequately alleged the company deceived them as to the educational and medical background of their sperm donor.

  • March 24, 2017

    Atty Didn’t Keep $1.75M Med Mal Deal Quiet, Judge Told

    An attorney for a doctor who agreed to pay $1.75 million to resolve a suit accusing him of botching a spinal surgery asked a Florida federal judge on Friday to look into whether the deal was enforceable, since the patient’s attorney is allegedly in breach of the settlement’s confidentiality provision.

  • March 24, 2017

    Nursing Home Co. Escapes Pa. Gov’t Suit Over Patient Care

    A Pennsylvania appeals court tossed a suit brought by the state attorney general’s office accusing a nursing home chain of misrepresenting the level of care it provides patients, saying certain statements the company made in advertising materials were “puffery” rather than false advertising.

  • March 24, 2017

    Janssen Beats Untimely Calif. Appeal Over Risperdal Death

    A mother whose son died during a clinical study of Janssen Pharmaceuticals’ antipsychotic medication Risperdal waited too long to appeal certain claims that had been dismissed in her wrongful death suit against the company — which on different claims won her $5.6 million — a California appeals court said Thursday.

  • March 24, 2017

    Federal Tort Reform Bill Could Save $50B, CBO Says

    The Congressional Budget Office said a tort reform bill that proposes to put a nationwide cap on noneconomic damages in medical malpractice cases arising out of federally funded health care programs could save up to $50 billion in health care costs over the next 10 years.

  • March 24, 2017

    Expert Testimony Needed For Mom's Suit Over Son's Seizure

    A mother cannot revive her suit accusing a Louisiana hospital and its employees of improperly caring for her son after a seizure that led to his death, a state appeals court has ruled, finding she needed to bring medical expert testimony to make her claims.

  • March 23, 2017

    Miss. Justices Say Hospital Must Face Wrongful Death Suit

    The Mississippi Supreme Court unanimously ruled Thursday that a hospital must face a suit accusing it of medical malpractice in connection with a patient’s death, saying the state’s savings statute for minors applied to the wrongful death suit therefore it was timely filed.

  • March 23, 2017

    Atty, Not Client, Must Prove Award Is Collectible, Judges Say

    A woman who sued her attorney for not pursuing her medical malpractice case will get a new trial, after a Colorado appeals court found Thursday she was wrongly forced to prove she could have gotten paid on a judgment against the radiologist she wanted to sue.

  • March 23, 2017

    Ohio Doc’s Suit Against Ex-Patient Over Bad Review Nixed

    A plastic surgery patient who won a $5.1 million medical malpractice jury verdict and later wrote an unfavorable online review of the doctor which allegedly prompted another patient’s cancellation was cleared of civil liability by an Ohio appeals court, which said the patient’s review was not malicious.

  • March 23, 2017

    Doctor Dodges Retrial In Patient's Hand-Function Loss Suit

    A woman suing a surgeon for allegedly causing the loss of function in her hand with a delay in post-operation treatment cannot seek a new trial after a jury tossed out her claims, an Illinois appeals court has ruled, finding a lower court had properly excluded testimony submitted post-discovery from doctors who treated complications she ascribed to the surgery.

  • March 23, 2017

    Houston Appellate Court Says Med Mal Claims Wrongly Nixed

    Texas' Fourteenth Court of Appeals on Thursday sided with the heirs of a deceased patient bringing a medical malpractice claim against Kindred Healthcare Operating Inc. and revived their claims, holding a trial court was wrong to dismiss the suit for busting its discovery deadline because a state law superseded it.

  • March 22, 2017

    U. Of Md. Medical System Survives Med Mal Appeal

    A Maryland appellate panel on Tuesday affirmed the partial dismissal of a medical malpractice suit accusing a University of Maryland Medical System Corp. hospital of failing to prevent a man’s death from heart disease, saying the trial judge’s decision was supported by the law.

  • March 22, 2017

    Fed. Gov't To Pay $250K To End ‘Wrongful Birth’ Claims

    A New Jersey federal judge on Wednesday approved a $250,000 settlement to resolve a medical malpractice suit accusing a federally funded health clinic of failing to provide information about a patient’s pregnancy resulting in a baby born with Down syndrome, generally referred to as a “wrongful birth” suit.

  • March 22, 2017

    Expert Didn't Link Surgery To Injuries, Texas Court Rules

    A Texas appeals court on Tuesday ruled in favor of a doctor who appealed a trial judge’s decision to accept a patient’s expert opinion in a medical malpractice case accusing the doctor of botching a hernia surgery, saying the expert’s report was conclusory and therefore deficient.

  • March 22, 2017

    Player Injury Suit Requires Med Opinion, Ill. Panel Says

    An Illinois appeals court said Tuesday that the guardians of a seriously injured student football player who are accusing a physical and sports-injury therapy provider of improper care must include a supporting statement from a health care professional to proceed with the case.

  • March 22, 2017

    Texas Court Tosses Doc’s Defamation Suit Against Cox Media

    A doctor alleging that Cox Media Group's Austin American-Statesman newspaper defamed him in a report about his prescribing opioids to three patients who later died of drug overdoses didn't show that the article was false, and therefore his suit must be dismissed, a Texas appellate court held Tuesday.

  • March 21, 2017

    Va. Med Board Wins Appeal Over Doc's License Revocation

    A doctor's state medical license was properly revoked for allowing students to perform unauthorized medical procedures, a Virginia appellate panel ruled Tuesday, saying the doctor's due process rights weren't violated because he had three months to prepare for an administrative hearing before the Virginia Board of Medicine.

Expert Analysis

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.