Medical Malpractice

  • February 24, 2017

    Negligent Hiring Claim Nixed In VA Staffer Sex Assault Suit

    A Kansas federal judge on Friday trimmed a negligent hiring claim asserted against the federal government in a suit accusing a former Veterans Affairs physician's assistant of sexual assault, saying the alleged assailant’s conduct was not shaped by federal law or policy.

  • February 24, 2017

    NY Court Revives Med Mal Suit Over Patient Suicide

    A New York appellate panel on Thursday reversed the dismissal of a medical malpractice and wrongful death suit accusing a hospital and medical staff of negligent care of a psychiatric patient who later committed suicide, saying the patient’s estate plausibly alleged a breach of the standard of care.

  • February 24, 2017

    Vanderbilt Hospital Prevails In Heart Surgery Med Mal Suit

    A Tennessee state appeals court on Thursday upheld a jury verdict clearing Vanderbilt University Medical Center of medical malpractice in connection with a patient’s heart surgery, saying the trial judge was right to deny the patient’s estate’s request for special jury instructions.

  • February 24, 2017

    ‘Black-Box Medicine’ Faces Headwinds Over Med Mal Liability

    The use of complex algorithms to sort through massive amounts of health data to improve medical care, or "black-box medicine," could expose providers to a new world of malpractice claims, experts say, and doctors may decline to adopt the technology without legal protections.

  • February 24, 2017

    Medtronic Hit With NJ Suit Over Shoddy Placement Of Device

    Medtronic Inc. has been slapped with a lawsuit in New Jersey state court by a woman alleging that a company representative did not properly consult a doctor on the insertion of a device to treat urological issues, saying she was forced to undergo surgery to fix the improper placement.

  • February 23, 2017

    Ohio Court Revives Med Mal Suit Over Botched Surgery

    An Ohio appeals court on Thursday revived a medical malpractice lawsuit against a Cleveland hospital and a surgeon, finding that the trial court unreasonably struck entire motion documents from a former patient based on a technicality and that there was sufficient evidence to take the case to trial.

  • February 23, 2017

    Doctor Can’t Nix Mishandled X-Ray Arguments, Court Says

    A doctor can’t avoid a liability argument over an allegedly botched artery X-ray procedure just because it differs from one specifically explained to a prelawsuit administrative panel of doctors, an Indiana appeals court ruled Wednesday.

  • February 23, 2017

    NY Court Nixes Win In Suit Over Mishandled Fetal Remains

    A New York state appeals court on Wednesday reversed a trial court victory for parents who alleged a Queens hospital mishandled the remains of their aborted fetus, ruling that existing questions of fact precluded that determination.

  • February 23, 2017

    Northwell Escapes Sanctions Over Discarded Stitch

    Northwell Health’s decision to throw out a patient’s stitch wasn’t a premeditated attempt to obscure discovery for a future medical malpractice and wrongful death suit, so the hospital shouldn’t be sanctioned for destroying evidence, a New York appeals court ruled Wednesday.

  • February 23, 2017

    Deficient Expert Report Dooms Minor's Sex Assault Claims

    A Texas appellate court has dismissed claims against Hickory Trail Hospital LP brought after a minor patient claimed a hospital employee entered her room and sexually assaulted her, finding expert reports in the suit were inadequate, and it overturned a trial court's decision to let the case move forward.

  • February 22, 2017

    Justices Mull Ky. Arbitration Rule In Wrongful Death Case

    Several U.S. Supreme Court justices took a dim view of the Kentucky Supreme Court’s refusal to send a nursing home wrongful death suit to arbitration, as it mulled Wednesday whether the Federal Arbitration Act bars a state-law contract rule requiring individuals with powers of attorney to explicitly authorize arbitration agreements.

  • February 22, 2017

    Mich. AG Hits Sports Doc With 22 More Sex Abuse Charges

    Michigan Attorney General Bill Schuette on Wednesday charged former USA Gymnastics and Michigan State University sports physician Lawrence G. Nassar with an additional 22 criminal counts tied to sexually abusing young female athletes.

  • February 22, 2017

    Ind. Med Mal Suit Revived Despite Adverse Advisory Ruling

    Despite an adverse advisory ruling from a state medical malpractice review panel, an Indiana appeals court on Wednesday revived a suit accusing a health clinic of failing to conduct a timely cesarean section, saying the parents did indeed present evidence to the panel supporting an alternate liability theory.

  • February 22, 2017

    Jury Awards $45.8M In Post-Childbirth Brain Damage Case

    A jury in Georgia state court on Tuesday awarded more than $45.8 million to a woman who suffered debilitating brain damage from a heart attack suffered just days after the birth of her child, finding the negligence of two obstetricians to be the cause of her injury.

  • February 22, 2017

    Vet’s Bias Suit Over Medical Pot Use Should Go, Judge Says

    A veteran’s claim that medical providers discriminated against him by denying a pain treatment due to his use of medicinal marijuana should be dismissed, an Oregon federal judge has recommended, saying the lawsuit was brought after the two-year limit to such claims.

  • February 22, 2017

    Texas Court Says UT Southwestern Doctors Can't Be Sued

    A Texas appeals court has thrown out claims that a group of doctors mistreated a 16-year-old with a brain tumor, holding the doctors established the claims should have been brought against their employer, The University of Texas Southwestern Medical Center at Dallas.

  • February 22, 2017

    Texas Court Sends Spinal Surgery Death Suit To Arbitration

    A Texas appellate court sent to arbitration a lawsuit stemming from Athas Health LLC's treatment of a patient who died of spinal meningitis, holding that the patient had accepted arbitration via a signed financial agreement and by clicking to accept a user agreement on the Athas website.

  • February 21, 2017

    NY Court Says Med Mal Suit Over Post-Op Care Can Proceed

    A New York appeals court on Tuesday declined to toss a medical malpractice suit accusing New York-Presbyterian Hospital and a doctor of botching a man’s post-operative treatment which purportedly left him brain dead, saying the patient’s expert witnesses plausibly testified that medical staff breached the standard of care.

  • February 21, 2017

    Ex-NC Doc. Loses Antitrust Suit Against Medical Board

    A North Carolina federal judge on Monday threw out a former doctor’s antitrust suit against the state medical board and its members alleging they conspired to get him out of the Lyme disease treatment market, ruling that they’re immune from such a suit.

  • February 21, 2017

    Ala. High Court Says Ice Pack Suit Doesn’t Require Expert

    The Alabama Supreme Court on Friday revived a medical malpractice suit filed against a chiropractor, saying a patient claiming she suffered knee injuries from an improperly applied ice pack is something any layperson can understand and so is exempted from state law requiring an expert opinion.

Expert Analysis

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Fla. High Court Ruling Undermines Patient Safety System

    Jerome W. Hoffman

    The Florida Supreme Court recently held in Charles v. Southern Baptist Hospital that adverse incident reports maintained in a provider’s patient safety evaluation system are not privileged patient safety work product. The court’s reading of the Patient Safety and Quality Improvement Act sharply conflicts with the act's purposes, say Jerome Hoffman and Erica Gooden Bartimmo of Holland & Knight LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.