Medical Malpractice

  • April 26, 2017

    Plaintiffs Bar Perspective: Hall Lamb's Matthew Leto

    As a plaintiffs lawyer, you have to be tenacious and capable of adapting quickly. Not every hearing will go your way and not every witness will provide favorable testimony, says Matthew Leto, partner at Hall Lamb Hall & Leto PA.

  • April 25, 2017

    C-Section Death Suit Properly Nixed, Miss. Court Says

    A Mississippi appeals court on Tuesday affirmed the dismissal of a medical malpractice suit accusing medical staff and a hospital of being responsible for a woman’s death from cesarean-section complications, saying the hospital was properly cut loose from two suits filed by the patient’s estate.

  • April 25, 2017

    VA Hospital Can't Dodge $2M Wrongful Death Suit

    An Oregon federal judge on Monday declined to toss a $2 million suit accusing a Veterans Affairs hospital of being responsible for a patient’s ulcer death due to allegedly negligent drug prescriptions, adopting a magistrate judge’s recommended ruling that the federal government was properly notified of the claims.

  • April 25, 2017

    $1.7M Cancer Misdiagnosis Verdict Survives Appeal

    An Illinois appellate panel Monday affirmed a $1.7 million verdict finding that a pathologist's erroneous diagnosis of a man’s brain tumor as benign caused his premature death, rejecting the doctor and her employer’s arguments that they were unfairly denied dual representation by counsel.

  • April 25, 2017

    Stretcher-Fall Suit Survives Protest Over Notice Standards

    The mailing of a presuit notice to a Florida county ​within the ​statute of limitations qualifies as timely service, even if the notice was received after the time window closed, a state appeals court ruled Monday, allowing medical malpractice litigation over a stretcher fall to proceed but noting a conflict on the issue among state appeals courts.

  • April 25, 2017

    Pa. AG Takes Patient Care Suit To State Supreme Court

    A lawsuit from Pennsylvania prosecutors accusing a nursing home chain of misrepresenting the quality of care it provides to residents is set to go before the state’s Supreme Court on appeal after being thrown out by a panel of judges late last month.

  • April 24, 2017

    Minn. Adult Care Co. Can't Claim Immunity In Burn Suit

    A Minnesota state appeals court on Monday declined to toss a suit accusing an adult care facility operator of being responsible for the severe burns a patient suffered after another patient poured boiling water on him, saying the company can’t claim immunity under state law.

  • April 24, 2017

    Ex-NHLer Says Devils, Blues Hid Risks Of Head Injuries

    Former NHL “enforcer” Mike Peluso hit the New Jersey Devils, St. Louis Blues and an insurance company with a lawsuit in Minnesota federal court alleging a "newly discovered" medical report shows the teams knew the risks of further head injuries but continued to encourage him to play and engage in fights.

  • April 24, 2017

    Yale Hospital Prevails In Botched Catheter Insertion Suit

    A Connecticut appellate panel rejected Monday the appeal of a patient who unsuccessfully sued Yale-New Haven Hospital for an allegedly botched catheter insertion during knee surgery, saying the patient’s expert witness was properly excluded because she lacked the necessary qualifications.

  • April 24, 2017

    Gov't Can't Ditch Suit Accusing VA Doc Of Sexual Assault

    One of several cases against a U.S. Department of Veterans Affairs physician assistant accused of sexually assaulting patients in Kansas was allowed to proceed on most of its claims against the government Monday, despite the federal court rejecting a negligent hiring claim.

  • April 24, 2017

    Texas Court Affirms Dismissal of Spinal Surgery Suit

    A Texas appeals court has affirmed the dismissal of a suit accusing two doctors of botching a man’s back treatment and surgery and purportedly causing him disabilities, concluding the patient didn’t introduce expert testimony establishing how the doctors allegedly caused his injuries.

  • April 24, 2017

    Ky. Doctor Gets 1 Year For Improper Opioid Prescriptions

    A Kentucky physician has been sentenced to one year in prison after pleading guilty in federal court to the improper prescription of oxycodone, fentanyl and other opioids to several patients who later died from overdoses.

  • April 21, 2017

    2 More Charged In Female Genital Mutilation Case

    A husband and wife were arrested Friday near Detroit for allegedly participating in a conspiracy that involved performing female genital mutilation on minors, the U.S. Department of Justice said Friday, about a week after the doctor who is accused of performing the procedures was arrested.

  • April 21, 2017

    Ex-Univ. Of Texas Doc’s Retaliation Suit Nixed By Court

    A Texas state appeals court on Friday tossed a former University of Texas doctor’s suit claiming his contract wasn’t renewed because he complained about racial discrimination and other mistreatment, saying the doctor didn’t disprove the hospital’s assertion that he had poor patient treatment evaluations.

  • April 21, 2017

    NY Court Frees Oral Surgeon From Botched Jaw Surgery Suit

    A New York appeals court Thursday tossed a medical malpractice suit accusing an oral surgeon of botching a woman’s jaw surgery, saying the patient can’t assert a new theory of liability in response to the doctor’s bid to have the case dismissed.

  • April 21, 2017

    NY-Presbyterian Doctors Win Appeal Over Missed Diagnosis

    A New York appeals court on Thursday tossed a medical malpractice suit accusing two New York-Presbyterian Hospital doctors of failing to diagnose a mother's delivery injury, which caused numerous bowel injuries, saying the patient’s expert witness testimony was not supported by the medical records.

  • April 21, 2017

    Ill. Court Orders New Med Mal Trial Over Dental Implants

    An Illinois appeals court overturned a defense verdict Thursday in a suit over an allegedly botched dental surgery, saying the trial included numerous abuses that gave the defense an unfair upper hand, including the use of a human skull as a stand-in for the plaintiff's skull without any basis.

  • April 20, 2017

    Fed. Gov’t Beats $25M Med Mal Suit Over Late Diagnosis

    A New York federal judge has ruled in favor of a U.S. Department of Veterans Affairs health clinic in a medical negligence suit seeking $25 million, saying certain “red flag” symptoms for a rare spinal nerve condition were not present when the patient was treated.

  • April 20, 2017

    Ohio Court Says Conflict Warrants Atty DQ In Med Mal Row

    An Ohio attorney can't represent the estate of a woman suing doctors over prescriptions that purportedly caused a fatal drug interaction, a state appellate court ruled Thursday, finding that a conflict of interest exists because the attorney had previously represented the patient and is also believed to have employed her.

  • April 20, 2017

    Texas Justices OK Med Mal Dismissal Over 'Stale' Expert

    A Texas appellate court Wednesday upheld dismissal of a medical malpractice lawsuit stemming from a breast reduction surgery, agreeing with the trial court that the patient hadn't done enough to refute her ex-doctors' challenges that her expert's knowledge of the issue was “stale.”

Expert Analysis

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs


    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • The Potential Lawsuits After Aaron Hernandez Suicide

    Jill Stanley Cohen

    At this point, most seem surprised by the recent suicide of ​Aaron Hernandez, former New England Patriots tight end​ who was sentenced to life in prison for murder. It is likely that when the investigations are complete, Hernandez’s family will file a lawsuit. Let’s take a look at what cases arising from inmate suicide entail, says Jill Stanley Cohen of Cohen & Cohen PC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.