Medical Malpractice

  • December 12, 2017

    NY Appeals Court Won't Revive Dental Malpractice Suit

    A New York appellate panel on Tuesday affirmed the dismissal of a suit accusing a dentist of botching a woman's root canals, saying the continuous treatment doctrine does not apply to the otherwise untimely suit.

  • December 12, 2017

    Appeals Court Says Insurer Can Settle Without Doc's Consent

    A Massachusetts state appellate court declined on Tuesday to revive a doctor’s claims against the insurance company she accused of settling an underlying medical malpractice suit for $3.75 million without her consent.

  • December 12, 2017

    Insurer Balks At Coverage In Suit Over Patient Found Dead

    An Illinois-based insurance company asked an Arkansas federal court on Monday to declare that it has no duty to defend a mental health care provider in an underlying suit seeking to hold the provider liable for allegedly allowing a resident who was later found dead to wander off, saying that the center’s leader failed to cooperate with attorneys during the case.

  • December 11, 2017

    La. Hospital Staff Accused Of Missing Fatal Breast Cancer

    The family of a woman whose breast cancer went undiagnosed until it was too late brought a wrongful death, negligence and medical malpractice suit against medical staff at a government health center Friday in Louisiana federal court, alleging that they had failed to perform proper diagnostic testing.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    Ill. Appeals Court Revives Claim Over Spinal Surgery

    An Illinois appeals court on Friday reversed and remanded a trial court’s decision to dismiss medical negligence allegations against hospital staffers in a suit brought by a woman who suffered major arterial damage after spinal surgery, finding that the claims were not time-barred.

  • December 11, 2017

    Noted Medical Malpractice Defense Atty Joins Dorf & Nelson

    A former Martin Clearwater & Bell LLP medical malpractice attorney has joined Dorf & Nelson LLP as a partner and will head its medical malpractice defense group in New York, the firm announced Monday.

  • December 11, 2017

    Justices Won't Hear Appeal Of $8M Health Care Fraud Verdict

    The U.S. Supreme Court declined on Monday to hear an appeal brought by a medical diagnostics company owner sentenced to 10 years in prison after a jury found him guilty of Medicare and Medicaid fraud for billing $8 million for X-rays interpreted by amateurs, leading to the death of two patients.

  • December 11, 2017

    NJ Board Revokes Doc's License For Prescription Abuse

    The New Jersey Board of Medical Examiners permanently revoked a Bergen County psychiatrist’s license after he was convicted of illicitly prescribing the stimulant Adderall, prosecutors announced on Friday.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Texas Justices To Hear Challenge To $9.6M MedMal Verdict

    The Texas Supreme Court on Friday agreed to hear a case in which Obstetrical and Gynecological Associates and one of its doctors argue that there was legally insufficient evidence to support a $9.6 million jury award in favor of the husband of a woman who alleges the substandard care she received resulted in a brain injury.

  • December 8, 2017

    Texas Appellate Panel Allows Amendments To Med Mal Suit

    A Texas appellate court on Friday reversed and remanded a medical malpractice suit over a man who died following surgery from a lack of oxygen to his brain, determining that the trial judge should have allowed his family time to amend their expert reports.

  • December 8, 2017

    Veteran’s Sex-Assault Suit Against VA Staffer Moves Forward

    A Kansas federal judge on Thursday kept alive much of a veteran’s suit alleging a former physician’s assistant at a U.S. Department of Veterans Affairs hospital sexually assaulted him during medical examinations, but tossed his negligent hiring and retention claims.

  • December 8, 2017

    Amputee Vet Tells 4th Circ. W.Va. Tolling Law Saves Suit

    A veteran who had his lower leg amputated due to fractures and an infection following dialysis treatment at a VA hospital has told the Fourth Circuit that a lower court was wrong to toss his suit, arguing that a West Virginia tolling statute should have delayed the statute of limitations.

  • December 7, 2017

    VA Hospital Failed To Diagnose Heart Condition, Suit Says

    The spouse of a U.S. Marine Corps. veteran who died in the care of a Veterans Affairs medical facility hit the government with a lawsuit Wednesday in Illinois federal court, alleging physicians at the facility failed to adequately test and treat his deteriorating cardiovascular condition.

  • December 7, 2017

    Doc Can't Escape Suit Over Child's Ruptured Appendix

    A New York state appellate court ruled Thursday that a doctor could not dodge a suit alleging he was too slow to order diagnostic scans for a sick 9-year-old, who was later revealed to have an abscess caused by a ruptured appendix.

  • December 7, 2017

    Patient Forfeited Forum Choice, Doc Tells 5th Circ.

    A doctor and his clinic accused of medical malpractice over a tonsil surgery urged the Fifth Circuit on Wednesday to reject a patient’s appeal seeking to transfer her case to Texas federal court, saying she can’t change forums after nearly three years of state court litigation.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • 7 Ways To Take Video Depositions That Your Jury Will Like

    Jeb Butler

    Depositions are all about sound bites. You’ll either play them for the jury on video or use them for sharp, crisp impeachment. Either way, the message must be pithy and concise, says Jeb Butler of Butler Tobin LLC.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Opioid Epidemic Brings Ramifications For Physicians

    Joseph Gorrell

    The opioid epidemic is putting a white-hot spotlight on physicians for the foreseeable future. Careful adherence to regulations in their roles as both practitioner and employer can help physicians avoid unwanted scrutiny and penalties that could, at their harshest, threaten their livelihoods, say Joseph Gorrell and Matthew Collins of Brach Eichler LLC.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.