Medical Malpractice

  • October 20, 2017

    Mich. Court OKs Nixing ‘Foot-Dragging’ Atty's Med Mal Suit

    A Michigan appeals court on Thursday affirmed the dismissal of a suit accusing various health care providers of negligently treating a patient’s herniated disc, saying the patient’s attorney’s “long-standing foot-dragging behavior” during discovery was intentional and worthy of harsh sanctions in the form of dismissal.

  • October 20, 2017

    Texas Justices Refuse UT Clinic's Immunity Bid In Death Suit

    The University of Texas Physicians Clinic will have to face a malpractice lawsuit from the family of a woman who died while nearly nine months pregnant with twins, after the Texas Supreme Court declined Friday to hear arguments that the clinic was immune from the claims.

  • October 20, 2017

    Mich. Hospital, Atty Get Sanctions Nixed In Med Mal Suit

    A Michigan appellate panel on Thursday overturned sanctions imposed on a hospital and its attorney in a suit accusing health care providers of negligently burning a patient during surgery, saying an incident report that appeared to directly contradict the hospital's primary defense was more ambiguous than the trial judge had ruled.

  • October 20, 2017

    Mass. Hospital Double-Booked Surgeries, Whistleblower Says

    A former Massachusetts General Hospital anesthesiologist on Thursday told a federal judge that she's sufficiently shown in her qui tam suit that the hospital violated the False Claims Act when double-booking surgeries, even though she hasn't been able to provide a specific bill charging the government for those patients. 

  • October 20, 2017

    W.Va. High Court Backs Doc’s Trial Win In Elbow Surgery Suit

    The West Virginia Supreme Court declined on Friday to overturn a jury verdict in favor of a doctor accused of bungling a patient’s elbow replacement surgery, ruling that the trial judge made the right call when deciding what evidence to allow at trial.

  • October 20, 2017

    Feds Can't Nix Or Move Blood-Clot Suit Against Army Hospital

    A New Mexico federal judge on Thursday denied the federal government’s bid to dismiss or transfer a suit brought by a U.S. Army hospital patient over allegedly negligent treatment of a blood clot, saying the patient had not erred by filing the suit in his home state and the government had waived its right to object to the venue.

  • October 20, 2017

    Med Mal Attys Chasing Docs' Digital Tracks To Patient Wins

    With the widespread implementation of electronic health records by health care providers, attorneys representing injured patients are being increasingly drawn to the audit trails of those digitized files, which they say sometimes reveal behind-the-scenes information that can break a case wide open.

  • October 19, 2017

    NJ Wants To Yank Doc's License For Overprescribing Opioids

    New Jersey officials on Thursday moved to revoke the medical license of a Warren County doctor who allegedly took money from Insys Therapeutics Inc. to boost sales by overprescribing its fentanyl painkiller Subsys, an action that comes two weeks after the drugmaker was targeted in a complaint as part of the state’s fight against the opioid epidemic.

  • October 19, 2017

    Ariz. High Court Rules On Inadequate Med Mal Witnesses

    The Arizona state Supreme Court on Wednesday reduced the number of steps needed to have a case tossed because of an inadequate witness, ruling in a medical malpractice case over a hospital patient's bedsores.

  • October 19, 2017

    Calif. Mother Loses Appeal Against Doctor Over Son's Death

    The mother of a 26-year-old man who died after receiving a pacemaker-like device lost an appeal in a medical malpractice suit on Wednesday when a California appellate panel said she failed to refute an expert opinion that found his doctor didn't breach a standard of care.

  • October 19, 2017

    Texas Nursing Home Settles Negligent Care Claim For $5M

    A nursing home operator has paid $5 million to settle claims it billed Medicare and Medicaid for subpar services at a Texas nursing home and rehabilitation facility, after a whistleblower alleged the company provided negligent care, the U.S. Department of Justice announced Thursday.

  • October 19, 2017

    NY Court Revives Suit Over Missed Surgical Complication

    A New York state appeals court on Wednesday revived a suit against a general surgeon accused of failing to diagnose a post-surgical patient with a severe complication, saying that the doctor had not successfully made a case to have the suit tossed.

  • October 18, 2017

    Boxer's Brain Injury Suit Has Claims Against Docs Trimmed

    A New York appellate panel on Wednesday trimmed claims in a suit accusing ringside doctors of being responsible for boxer Magomed Abdusalamov’s catastrophic brain injury following a 2013 fight at Madison Square Garden, saying a lack of informed consent claim was improperly alleged.

  • October 18, 2017

    Records Weren't Destroyed In Med Mal Row, Del. Court Finds

    A Delaware state judge on Tuesday trimmed claims in a suit accusing a doctor and hospital of failing to recommend immediate heart surgery to a patient that purportedly led to his death, saying the patient's estate had failed to prove the hospital destroyed or altered his medical record.

  • October 18, 2017

    Wider Liability At Stake In Hepatitis Row, Pa. Justices Told

    The University of Pittsburgh Medical Center warned Pennsylvania’s highest court on Wednesday that employers could face broad new liabilities if it was allowed to be held accountable after a technician who was fired for stealing fentanyl syringes later spread hepatitis at another hospital where he worked.

  • October 18, 2017

    Texas Panel Says Bad Expert Report Dooms Amputation Suit

    A Texas appellate panel on Tuesday tossed a medical negligence suit claiming a hospital was responsible for the partial amputation of a woman's leg following a foot surgery, reversing a trial court's decision and holding that the patient's expert reports failed to link her injury to the conduct of the hospital.

  • October 18, 2017

    7th Circ. Affirms Win For VA In Wrongful Death Suit

    A unanimous Seventh Circuit panel on Tuesday upheld a lower court’s decision in favor of the U.S. Department of Veterans Affairs in a wrongful death suit, saying the trial court correctly found a medical expert presented by the estate of a patient who died while receiving care was not credible.

  • October 18, 2017

    Ohio Court Backs Medical Board’s Denial Of Doc’s License

    An Ohio appeals court declined Tuesday to revive a doctor’s suit seeking to overturn the state medical board's decision permanently denying him a license, saying that the board was not required to consider the doctor’s evidence in its decision since he had waived his right to a hearing.

  • October 17, 2017

    Doc Urges Ga. Supreme Court To Nix $22M Med Mal Award

    An anesthesiologist urged the Georgia Supreme Court on Monday to vacate a $22 million jury award in a medical malpractice suit accusing him of being responsible for a woman’s catastrophic brain injury and eventual death, arguing that the evidence at trial did not support an additional claim for ordinary negligence.

  • October 17, 2017

    NJ Doctor Cops To Bilking Medicare, Others Out Of $3M

    A New Jersey doctor pled guilty in federal court Tuesday to cheating Medicare and private insurers out of over $3 million in claims by billing for physical therapy sessions that were performed by unqualified personnel, the U.S. Department of Justice announced.

Expert Analysis

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.