Medical Malpractice

  • June 23, 2017

    Free Clinic Immune From Med Mal Suit, Ill. Court Says

    An Illinois free clinic and two of its staff members are immune from liability in a medical malpractice suit alleging a patient suffered a massive heart attack as a result of negligence on behalf of the doctor, nurse and clinic as a whole, an Illinois appellate court ruled Thursday.

  • June 23, 2017

    NJ Doctor Loses Jury Verdict Appeal In Post-Op Death Suit

    A New Jersey state appellate court upheld on Friday a jury verdict against a surgeon accused of bungling an elderly patient’s post-operative care and causing her death from septic shock, ruling that the patient’s estate had made its case and that the trial judge was right to bar a defense witness.

  • June 23, 2017

    Nursing Home Can’t Arbitrate Wrongful Death Row: Ga. Court

    A Georgia appellate court Thursday rejected a nursing home operator’s attempt to arbitrate wrongful death allegations brought by the daughter of a late patient, affirming a lower court’s finding that the arbitration agreement at issue was unenforceable because the deceased hadn’t signed it herself.

  • June 23, 2017

    Texas Justices Pass On Hospital's Bid To Overturn Verdict

    An East Texas hospital lost its bid to overturn a jury verdict and lower appellate ruling that it was negligent in the death of a woman who managed to jump out of an ambulance going 70 mph when the Texas Supreme Court declined Friday to take the case.

  • June 23, 2017

    Court Affirms Tossing Of Hospital Visitor's Suit Over Injury

    A woman claiming that a hospital was liable for her shoulder injuries after she broke the fall of a patient she was visiting did not have a good enough expert report to substantiate her claims, a New York state appeals court ruled Thursday.

  • June 23, 2017

    Texas Court Nixes $31M Suit Against Nursing Home Execs

    A Texas state appellate court has ruled that a lower court doesn’t have jurisdiction to handle a suit brought by a nursing home patient's daughter in which she tried to force the nursing home’s executives to pay a $31 million judgment she obtained against the now-bankrupt company that operated the facility.

  • June 22, 2017

    Chicago VA Hospital Hit With Suit Over Patient Suicide

    A medical malpractice and wrongful death suit filed Thursday in Illinois federal court alleges medical staff at James A. Lovell Federal Health Care Center in Chicago negligently prescribed antipsychotic medication to an Iraq war veteran suffering from PTSD, which purportedly contributed to his suicide.

  • June 22, 2017

    8th Circ. Affirms Slash Of $17M Med Mal Verdict Due To Cap

    The Eighth Circuit on Thursday affirmed a trial court's decision to reduce a $17 million jury verdict in a medical malpractice case to $1.75 million pursuant to a Nebraska tort reform law, finding that the state’s cap on damages did not violate the patient’s constitutional rights.

  • June 22, 2017

    NY Lawmakers Pass Bill To Extend Med Mal Time Limits

    The New York Legislature advanced a bill that would delay the running clock on cancer patients’ medical malpractice claims to the date the alleged injury was discovered rather than the date the alleged negligence took place, with both houses voting the bill through on Wednesday.

  • June 22, 2017

    Texas Court Reverses Own Toss Of Nursing Home Suit

    A Texas appellate court announced Thursday it had changed its mind about dismissing a suit against a nursing home, ruling that the children of a deceased patient should be able to amend their expert report and overturning its own December decision to nix the case.

  • June 22, 2017

    Hospital Can Tap Coverage For Hep C Suits, NH Justices Say

    A New Hampshire hospital doesn't have to pay deductibles to access coverage under a Steadfast Insurance Co. policy for lawsuits over a hepatitis C outbreak caused by a former medical technician's misconduct, the state high court ruled Thursday, finding that the policy is ambiguous and must be construed in the hospital's favor.

  • June 22, 2017

    'Similar Specialty' Expert Can't Save Fla. Foot Surgery Suit

    A Florida woman can’t file a suit alleging an orthopedic surgeon had performed an unnecessary surgery after she injured her foot, a state appeals court ruled Wednesday, as her expert affidavits did not come from a similarly specialized medical professional.

  • June 22, 2017

    Ore. Court Revives Botched Oral Surgery Suit

    An Oregon state appellate court on Wednesday revived a patient’s malpractice suit accusing the Oregon Health & Science University of botching a dental surgery, ruling that the statute of limitations on the case had been extended when the dentist provided the patient with free dental care.

  • June 21, 2017

    Provision Limiting Attys Fees In Med Mal Suit Struck Down

    A Florida appeals court ruled that a trial court erred in upholding a provision of a claims bill limiting a law firm's contingency fee in a medical malpractice suit, ruling that the claims bill provision was an unconstitutional impairment of the fee agreement between the parties.

  • June 21, 2017

    Doctor's Challenge Of $1.75M Med Mal Deal Rejected For Now

    A Florida federal judge on Tuesday declined to determine whether a $1.75 million confidential settlement that was allegedly disclosed to third parties is enforceable, saying the court doesn't have jurisdiction because the deal was made in arbitration and those proceedings have not concluded.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Fla. Court Nixes Juror Interviews After Docs’ Med Mal Win

    A Florida appeals court on Wednesday overturned a trial judge’s decision to allow interviews of two jurors regarding potential misconduct following a defense verdict in a medical malpractice case, saying the parents of an injured infant failed to meet the three requirements for granting juror interviews.

  • June 21, 2017

    Okla. Justices Require Disclosure Of Nondoctors In Surgeries

    The Oklahoma Supreme Court ruled Tuesday that physicians must disclose, and obtain a patient's consent, whenever a nondoctor participates in a surgery, reversing summary judgment for a gynecologist and her assistant in an allegedly botched hysterectomy.

  • June 21, 2017

    NC Court Orders New Trial In Botched Surgeries Dispute

    A North Carolina appeals court on Tuesday ordered a new trial on damages in a successful suit against a neurosurgeon in connection with several allegedly botched spinal surgeries, saying the trial judge was right to toss the jury’s finding that the patient contributed to her own death but wrong to reduce the original award.

  • June 21, 2017

    Military Parents, Feds Reach $5M Settlement Over Bad Birth

    A Nevada federal judge has signed off on a $5 million settlement between a military family and the United States in a suit accusing an Air Force hospital of negligence while caring for a woman in labor, causing her baby to be born with liver and brain damage.

Expert Analysis

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Provider Concerns When Recommending Medical Marijuana

    Michaela Poizner

    When it comes to medical marijuana, health care providers are in an awkward — but not impossible — spot. In many cases, state and federal laws governing medical marijuana are in direct conflict, leaving providers who want to encourage their patients to use marijuana on shaky legal ground, says Michaela Poizner of Baker Donelson.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Evolution Of Opioid Suits And Insurance Coverage

    Adam Fleischer

    In the midst of the worst drug crisis in American history, two key developments this month may have far-reaching impacts on both the underlying liability claims as well as the insurers to whom the defendants are looking to finance hundreds of millions of dollars in exposure, says Adam Fleischer of BatesCarey LLP.

  • How Hamilton Meats Has Shaped Calif. Economic Damages

    Robert Tyson Jr.

    Since the California Supreme Court's 2011 ruling in Howell v. Hamilton Meats, the case has significantly shaped the litigation landscape, including many high-profile opinions and jury verdicts in its aftermath. It also has significant implications for the Affordable Care Act and plaintiffs’ litigation strategy, says Robert Tyson Jr. of Tyson & Mendes LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.