Medical Malpractice

  • January 20, 2017

    Hospital Can’t Turn Nurse’s Slip-And-Fall Suit Into Med Mal

    A Texas appellate court on Thursday rejected a hospital’s argument that a nurse’s claims over injuries sustained in a fall were healthcare liability claims that should’ve been dismissed for lack of an expert medical opinion, saying the hospital’s maintenance of a hallway had nothing to do with medical care.

  • January 20, 2017

    Fla. Court Says Nursing Home Can't Arbitrate Negligence Row

    A Florida appeals court on Friday declined to send to arbitration a woman’s lawsuit alleging that negligent care during her father’s stay at a nursing home led to him being hospitalized, concluding that the nursing home didn’t show a binding arbitration agreement.

  • January 20, 2017

    Claims Trimmed In NJ Med Mal Suit Against Doc

    A New Jersey state judge has trimmed a lawsuit accusing a physician of severing a patient's ureter during a robotic hysterectomy, saying the plaintiff could pursue medical malpractice and lack of informed consent claims but not a medical battery claim.

  • January 20, 2017

    Pa. Court Won't Nix $3M Verdict Over Late Cancer Diagnosis

    A Pennsylvania appeals court on Friday affirmed a $3 million jury verdict in a medical malpractice suit accusing doctors of causing a four-year delay in a lung cancer diagnosis, saying a trial judge didn't err by excluding evidence regarding the patient's history of smoking and depression.

  • January 20, 2017

    Fla. Court Nixes Med Mal Jury Verdict Over Patient Death

    A Florida state appeals court on Friday reversed a jury verdict that found a doctor and her medical malpractice insurer liable for failing to properly diagnose and recommend treatment for a patient who died of meningitis after complaining of an earache, saying undisclosed expert testimony was wrongly admitted at trial.

  • January 20, 2017

    Texas High Court To Hear Med Mal Suit Over Mother's Death

    The Texas Supreme Court on Friday agreed to hear a medical center’s dismissal bid in a medical malpractice suit related to the death of a pregnant patient during a physician-ordered move to a different hospital, after a lower court refused to toss the case.

  • January 20, 2017

    Physical Therapist Faces Suit Over Botched Treatment

    A Maryland-based physical therapist and his practice were hit with $750,000 worth of claims for negligence and breach of informed consent by a patient who contended the therapist’s missteps using an electrical stimulation procedure left her with permanent injuries.

  • January 19, 2017

    Calif. Hospital Beats Med Mal Suit Over Delayed Surgery

    A California appellate court on Thursday tossed a medical malpractice and wrongful death suit alleging a Long Beach hospital’s delay in obtaining the services of an on-call surgeon caused the death of a gunshot victim, ruling that the plaintiff failed to provide evidence of such a claim.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Calif. Justices OK New Med Mal Trial Despite Filing Error

    The California Supreme Court ruled in a widow’s medical malpractice case Thursday that her lateness in paying a court fee didn’t wrench the case out of the lower court’s jurisdiction, cementing an appeals court’s finding that she could have the new trial she’d been granted by the trial judge.

  • January 19, 2017

    Ind. Court Nixes Suit Against Dermatologist As Untimely

    An Indiana appeals court on Thursday reversed a lower court’s ruling that allowed a woman’s lawsuit against a dermatologist over facial burns caused by laser hair removal treatment, saying the claims were barred by the state’s two-year statute of limitations.

  • January 19, 2017

    Ill. Court Grants New Trial In Bad-Birth Med Mal Suit

    An Illinois appeals court has reversed a jury's ruling that an obstetrician did not breach the standard of care in a medical malpractice suit over a child's 2005 birth, saying the trial court was wrong to direct a verdict on the matter of informed consent.

  • January 19, 2017

    NY Doctor's Sexual Misconduct Coverage Row Goes To Trial

    A New York federal judge on Wednesday ordered a trial in a doctor's dispute with Harleysville Worcester Insurance Co. over coverage for a medical malpractice and battery complaint filed by the granddaughter of a former patient.

  • January 18, 2017

    Pa. Hospital Sued Over Sex Assault Of Dementia Patient

    An elderly man with dementia who was sexually assaulted by a fellow long-term care patient resulting in the loss of a testicle lodged a suit in Pennsylvania federal court on Tuesday, claiming the hospital knew of the assailant’s history of inappropriate and aggressive behavior but did nothing.

  • January 18, 2017

    Ariz. Court Affirms Denial Of New Trial In Overdose Suit

    An Arizona appeals court on Tuesday affirmed a lower court’s decision denying a couple a new trial on medical malpractice and wrongful death claims stemming from their son’s methadone overdose and refusing them relief from judgment favoring a doctor, finding no error with the judge’s holdings.

  • January 18, 2017

    NY Hospital Escapes Med Mal Suit Over Surgery Injury

    A New York federal judge on Tuesday tossed a medical malpractice suit accusing a Manhattan hospital of being responsible for an elderly man’s shoulder nerve damage allegedly sustained during surgery, saying the plaintiff's expert opinion was speculative.

  • January 18, 2017

    Med Mal Suit Over Maternity Care Yields $2.7M Settlement

    A New York federal judge on Tuesday signed off on a $2.7 million settlement to resolve a medical malpractice suit lodged against a New York hospital and federally funded doctors over allegedly negligent maternity care that caused a baby to suffer chronic lung disease and other permanent injuries.

Expert Analysis

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Maryland's Medical Malpractice Landscape After McQuitty

    Elizabeth Hafey

    In its recent McQuitty v. Spangler decision, the Maryland Court of Appeals illuminated Maryland’s wrongful death statute and its implications for future medical malpractice claims. The court determined that beneficiaries could maintain a wrongful death action after the decedent previously obtained a personal injury judgment predicated on the same underlying facts, says Elizabeth Hafey of Miles & Stockbridge PC.

  • The Duty To Supplement Expert Reports: Part 2

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.

  • The Duty To Supplement Expert Reports: Part 1

    Gregg Weiner

    Expert testimony is critical in many commercial cases. But during a trial, new facts, unexpected issues and changes in strategy may emerge. Expert opinions must therefore be flexible enough to adapt to changed circumstances. Attorneys from Ropes & Gray LLP explain how to avoid pitfalls associated with offering expert trial testimony not spelled out in the expert report.