Medical Malpractice

  • June 26, 2017

    Ex-La. Assistant AG Not Discriminated Against, 5th Circ. Says

    In a published decision Friday, the Fifth Circuit upheld a decision to throw out a former Louisiana assistant attorney general’s suit claiming that the office discriminated against her after she required accommodations due to complications from a kidney transplant, ruling that the attorney was not entitled to work from home long-term.

  • 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.

Expert Analysis

  • 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.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Opinion

    Big Business Lobby Tries To Hobble Litigation Finance, Again

    Allison Chock

    In its most recent petition advocating mandatory disclosure of litigation finance, the U.S. Chamber of Commerce simply rehashes the same arguments from its previous failed efforts to convince the Committee on Rules of Practice and Procedure of the dire implications of undisclosed funding relationships, say members of IMF Bentham Ltd.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Nursing Homes Still Face Arbitration Agreement Uncertainty

    Eugene Giotto

    An arbitration agreement that is properly drafted and executed can provide businesses, specifically those in the long-term care industry, with a cost-effective route to dispute resolution. However, even with the U.S. Supreme Court’s recent decision in Kindred Nursing Centers v. Clark, businesses should be aware of state court views regarding the enforceability of these agreements, say Eugene Giotto and Gabrielle Lee of Cozen O'Connor.

  • The Expert Witness Who Will Explode

    Bruce Gerstman

    When an expert witness takes the stand, one should not assume that the only challenge will be to their testimony. An investigation into the background of a witness may turn up lawsuits, dubious credentials, a misstated educational or employment record or other problems. Any of these may irreparably damage a witness' credibility on the stand, says Bruce Gerstman of Waterfront Intelligence Inc.