Medical Malpractice

  • August 18, 2017

    Conn. Docs Group Can’t Nix Jury Award In OD Death Suit

    A Connecticut appellate panel affirmed a win for a patient’s estate in a suit accusing a doctors group of being responsible for her death due to a methadone overdose, saying Friday the cumulative evidence supported the jury’s verdict.

  • August 18, 2017

    Feds Reach $10M Deal In Hawaii Birth Complications Suit

    The federal government has agreed to settle for $10 million a suit alleging that an Army hospital failed to notice signs of sepsis in a woman who gave birth at the facility, leading to the removal of her gallbladder and an eventual kidney transplant, according to documents filed Thursday in Hawaii federal court.

  • August 18, 2017

    Teeth Removal Suit Not Time-Barred, 11th Circ. Rules

    The Eleventh Circuit on Thursday declined to dismiss a dental malpractice suit alleging three dentists negligently performed a patient’s tooth-extraction procedures which purportedly caused injuries, saying the suit isn’t time-barred because the parties previously agreed that the claims should not be dismissed on untimeliness grounds.

  • August 18, 2017

    Mich. Doctor Charged With Prescribing Unnecessary Opioids

    A Dearborn, Michigan, doctor and his medical assistant have been charged with prescribing unnecessary controlled substances, including opioids, the state attorney general announced Friday.

  • August 18, 2017

    Miss. Justices Say Order Filing Lag Can't Doom Med Mal Suit

    Mississippi’s high court Thursday sided with a trial court's refusal to dismiss a medical negligence suit against a nursing home and rehabilitation company, ruling that ex parte orders regarding service to some of the defendants should be counted as going into effect after the order is issued, even if there is a delay in the order's entry by the clerk.

  • August 17, 2017

    Juror Bias Claim Can’t Save Med Mal Suit, Ohio Court Says

    An Ohio appeals court on Thursday affirmed a jury’s verdict in favor of a doctor and others accused of misdiagnosing a woman’s bowel ailment that purportedly caused injuries, rejecting the patient’s claim that a physician should not have been allowed to serve on the jury.

  • August 17, 2017

    Hospital Parent, Staffing Co. Out Of Wrongful Death Case

    A hospital's parent company and a staffing agency can’t be held liable in a patient's wrongful death suit, a New Mexico federal court ruled Thursday after finding that neither company had a legal duty of care to the woman.

  • August 17, 2017

    Ill. Court Tosses Northwestern Hospital Med Mal Suit

    An Illinois appellate panel on Wednesday affirmed the dismissal of a suit accusing Northwestern Memorial Hospital and a psychiatrist of negligently treating a patient in a way that purportedly caused his movement disorder, saying the patient’s expert witness testimony failed to properly allege the health care providers contributed to his preexisting injury.

  • August 17, 2017

    Texas Court Tosses Surgery Suit, Says Med Mal Law Covers It

    A Texas appeals court has dismissed a woman’s suit alleging that a plastic surgeon failed to perform all of the procedures he promised as part of a breast reduction and armpit-area liposuction, finding that such a suit fell under medical malpractice requirements she failed to meet.

  • August 17, 2017

    Texas Panel Backs Expert In Newborn Brain Damage Suit

    A Texas appellate court on Thursday determined two doctors will have to face medical negligence claims brought by a mother whose son was born with brain damage, holding an expert's report sufficiently linked their conduct to the alleged injury.

  • August 17, 2017

    Pa. AG Appeals False Ad Suit Against Nursing Home Chain

    The Pennsylvania attorney general urged the state’s Supreme Court on Wednesday to overturn a ruling finding that it did not have grounds to sue a nursing home chain over alleged misrepresentations it made about the quality of care provided to residents.

  • August 17, 2017

    Hospital Asks 2nd Circ. To Uphold Quick Win In Surgery Suit

    A Manhattan hospital told the Second Circuit on Wednesday that a medical malpractice suit alleging it was responsible for an elderly man’s shoulder nerve damage was properly tossed, as the plaintiff's expert failed to demonstrate that the arm positioning during an abdominal surgery caused the nerve injuries.

  • August 16, 2017

    Tenn. Court Backs Whistleblower's Win Against Nursing Home

    A Tennessee appellate panel on Wednesday affirmed a $425,000 award in an employment suit accusing a nursing home of firing a nurse for reporting the neglect of an in-home hospice patient, saying the nurse was a whistleblower serving a public purpose by reporting illegal activity.

  • August 16, 2017

    Prior Defective Service Dooms Ga. Wrongful Death Claim

    A Georgia state appellate court declined Wednesday to revive a wrongful death claim brought by the wife of a deceased patient against a county hospital authority, saying the claim was barred by the statute of limitations and could not be revived from a previous suit.

  • August 16, 2017

    Del. Rehab Center Loses Bid To Shift Suit To Arbitration

    A Delaware court declined to force arbitration in a case alleging that staff at a rehabilitation center failed to respond to a patient's post-hip-replacement pain, ruling Tuesday that the convalescent's daughter did not have power of attorney when she signed an arbitration agreement.

  • August 16, 2017

    Naval Hospital Can't Nix Suit Over Infant's Brain Injury

    A D.C. federal court on Tuesday refused to dismiss suits alleging doctors at the National Naval Medical Center caused a newborn's brain damage, finding too many unanswered questions surrounding when the parents could have been aware of the brain damage to toss the case as untimely.

  • August 16, 2017

    NY Court Says Dentists Can’t Escape Malpractice Suit

    A New York state appellate court ruled Wednesday that a patient could continue with her suit accusing two dentists of operating on her unnecessarily and without her consent, saying that there was a question whether she had been properly advised before signing her consent forms.

  • August 15, 2017

    NC Appeals Court Tosses Suit Over Post-Childbirth Death

    A North Carolina appellate panel on Tuesday affirmed the dismissal of a suit accusing a doctors group of being responsible for a woman’s death from pregnancy complications, saying the patient’s estate’s primary expert medical witness did not qualify as an expert under state law.

  • August 15, 2017

    Pa. Court Tosses Med Mal Suit Against Penn State Hospital

    A Pennsylvania appellate court on Tuesday affirmed the dismissal of a suit accusing Penn State University’s Hershey Medical Center of medical negligence, rejecting the patient’s argument that the hospital’s withholding of medical documents prevented him from timely submitting a certificate of merit as required by law.

  • August 15, 2017

    Texas Panel Says Surgeon Must Face Negligence Claims

    An orthopedic surgeon will have to face the medical negligence claims of a patient who alleges the decision to delay what should have been an immediate surgery caused him serious injuries after a Texas appellate court on Tuesday determined an expert's report was sufficient to allow the case to proceed.

Expert Analysis

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks


    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.