Medical Malpractice

  • 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.

  • August 15, 2017

    Medical Expert Issues Don’t Sink Spinal Surgery Suit

    A Missouri appeals court on Monday revived a woman’s suit accusing a doctor of improperly using a biologic bone-growth stimulant during her spinal surgery, ruling that even though the medical practitioner used on a required affidavit was not in the same medical field as the doctor being sued, the flaw was not fatal to the suit.

  • August 15, 2017

    NJ Court Nixes Doctor's Win In Gallbladder Surgery Suit

    A New Jersey appellate court on Tuesday revived a patient’s suit against the surgeon she accused of botching a gallbladder surgery, ruling that the trial judge improperly allowed testimony that defended against a claim the patient hadn’t made, which “diverted the jury’s attention.”

  • August 14, 2017

    Ill. Appellate Court Backs Doctor's Suspension In Rx Case

    An Illinois appeals court has upheld an indefinite suspension and a $15,000 fine for a surgeon found to have wrongfully prescribed drugs like Adderall and Xanax to treat a patient’s opioid addiction, ruling Friday that an expert was properly allowed to testify at the administrative proceeding that led to the penalties.

  • August 14, 2017

    Ga. Doctors Group Roped Back Into Suit Over Patient's Death

    A Georgia appeals court on Monday overturned a trial judge's decision to cut a physicians group loose from a suit filed in connection with a patient's death, saying vicarious liability claims asserted against the group were timely and properly alleged under state law.

  • August 14, 2017

    NM Court Nixes Revived Suit Over Patient's OD Death

    A New Mexico appellate panel on Thursday reversed a trial judge’s decision to reinstate claims against a doctor for allegedly prescribing drugs that caused a woman’s overdose death, saying the doctor already settled the claims originally brought by a previous estate administrator.

  • August 14, 2017

    Conn. Panel Upholds Dentist’s Win In Whitening Suit

    A Connecticut appeals court in a decision released Friday upheld a verdict in favor of a dentist accused of improperly performing a tooth-whitening procedure that led to a woman experiencing tooth sensitivity and hair loss, ruling that the lower court had properly excluded some testimony and restricted cross-examination of expert witnesses. 

  • August 14, 2017

    Temple Univ., Feds Sued Over Infant's Neurological Injuries

    A Philadelphia family has filed suit in federal court against Temple University Hospital and the federal government, which employs the hospital’s personnel, claiming that doctors bungled a delivery and left the baby with serious neurological damage.

  • August 11, 2017

    Alaska High Court Reverses Doctor's License Revocation

    The Alaska Supreme Court ruled Friday that the state medical board was wrong to revoke a doctor's medical license for allegedly negligent drug prescriptions given to a patient who later died, saying the board's decision was not supported by the evidence.

  • August 11, 2017

    Calif. Court Affirms Defense Verdict In Patient Transfer Case

    A California appellate panel on Thursday upheld a jury verdict in favor of a hospital and doctors accused of failing to timely transfer a patient for surgery which allegedly caused her spinal injuries, saying allegations against the hospital’s administrators were properly excluded by the trial judge.

  • August 11, 2017

    Mich. Panel Turns Back Challenge To Ankle Surgery Verdict

    A Michigan appeals court upheld a defense verdict in favor of a surgeon accused of improperly treating a woman’s ankle fracture on Thursday, ruling that a jury instruction allowing a malpractice finding on the basis of circumstantial evidence did not apply in the case and was rightly excluded from jury instructions.

  • August 11, 2017

    UConn Hospital Can’t Claim Immunity In Med Mal Trial Loss

    A Connecticut appellate panel affirmed Friday a patient’s win in a suit accusing the University of Connecticut Health Center of botching his vasectomy, which purportedly caused the loss of a testicle, rejecting the state-funded hospital’s attempt to invoke sovereign immunity.

  • August 11, 2017

    Tenn. Panel Says Privacy Suit Over Affidavits Rightly Tossed

    A Tennessee appeals court ruled Thursday that medical malpractice defendants and their counsel did not violate a woman’s privacy by disclosing contact information in affidavits filed in court to prove that they provided the plaintiff with medical records, finding that documents properly filed in judicial proceedings cannot form the basis of a privacy claim. 

  • August 11, 2017

    9th Circ. Won’t Let Medical Staff Intervene In FCA Case

    A pair of medical assistants who sued a California podiatrist under the False Claims Act and tried to intervene in his criminal case to get a slice of the winnings had their appeal rejected by the Ninth Circuit on Thursday, with the court saying they didn’t have enough of an interest in the case to step in.

  • August 10, 2017

    No New Trial In Med Mal Suit Against Pa. Doctor, Hospital

    A Pennsylvania federal judge refused to grant a new trial Thursday after jurors cleared a Thomas Jefferson University Hospital doctor of claims his failure to implant a feeding tube into a patient whose son requested it through his power-of-attorney resulted in the woman’s premature death.

  • August 10, 2017

    Federal Gov’t Faces NJ Suit Over Botched C-Section, Sepsis

    A woman has alleged in New Jersey federal court that a doctor from a federally funded clinic who delivered her baby by cesarean section also perforated her bowel during the birth, a mishap which was not noticed for several days and led to sepsis.

  • August 10, 2017

    NJ Nurse Accused Of Sexual Assault Gets License Suspended

    The license of a New Jersey registered nurse has been temporarily suspended in the wake of sexual assault and related charges against him in connection with two patient incidents at Robert Wood Johnson University Hospital, authorities announced on Thursday.

Expert Analysis

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.

  • How The IPad Can Be A Litigator's Best Friend

    Paul Kiesel

    New mobile computing tools — both hardware and applications — are changing the technology paradigm for legal practitioners. In particular, the combination of the 12.9-inch iPad Pro, the Apple Pencil and the LiquidText annotation app can revolutionize both trial preparation and courtroom litigating, says attorney Paul Kiesel, in his latest review of tech trends.

  • Series

    Notes From A Law Firm Chief Privacy Officer: CPO Vs. CISO

    Mark McCreary

    To understand the role of the law firm chief privacy officer — and why that person ought to be a lawyer — it’s important to distinguish the role they fill from that of the chief information security officer, says Mark McCreary, chief privacy officer for Fox Rothschild LLP.

  • 5 Questions To Ask Before Entering Joint-Representation AFA

    Natalie Hanlon Leh

    One growing trend is for clients to enter into alternative fee arrangements in which one law firm represents multiple parties who “share” fees and costs in a related matter. This way parties can more efficiently manage a matter and reduce their individual legal fees. But joint representation is not without its own risks and challenges, say attorneys with WilmerHale.

  • Legal Incubators Can Help New Lawyers And Society

    Martin Pritikin

    Legal incubators serve as an important bridge to practice and a crucial step toward aligning the incentives of new lawyers with the needs of their clients. They may even pose a threat to the traditional law school model itself, and that's not necessarily a bad thing, says Martin Pritikin, dean of Concord Law School at Kaplan University.

  • Storytelling In The Age Of Emojis

    Adam Bloomberg

    Being a truly effective trial attorney is as much about building a case as it is about playing to your audience of jurors. So if jurors are constantly relying on pictures to connect outside the courtroom, it is time to begin speaking to them in this new language, says Adam Bloomberg of Litigation Insights Inc.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • If The Surgeon's A Robot, Who's The Learned Intermediary?

    James Beck

    In addition to driverless cars, it is time to contemplate surgeonless surgery. Autonomous surgical robots are on the horizon, and product liability litigation might follow. A key question is what happens to the learned intermediary rule when the product itself stands in the shoes of the doctor, says James Beck of Reed Smith LLP.