Medical Malpractice

  • November 13, 2017

    Ill. Court Says Discovery Flub Can’t Nix Med. Mal. Verdict

    An Illinois appeals court has reinstated a jury verdict in favor of a medical group practice in a woman’s lawsuit alleging the actions of medical professionals at the facility caused her mother’s death, saying a discovery violation by the hospital was not prejudicial enough to warrant a new trial.

  • November 13, 2017

    Ill. Appeals Panel Affirms Doctor's Win In Treatment Row

    An Illinois appellate court affirmed a doctor’s win in a suit alleging that he failed to properly treat a patient's various maladies, finding that the trial court justly excluded certain witness testimony and jury instructions proposed by the patient.

  • November 13, 2017

    VA Hospital, Doctors Sued After Patient Choking Death

    The son of a man who died from choking complications after an Arkansas veterans hospital allegedly failed to properly assess his swallowing difficulties after surgery has filed a suit against the government in Arkansas federal court.

  • November 13, 2017

    Tenn. Hospital Responsible For Contractor’s Malpractice

    A Tennessee appellate court has ruled that a hospital can be held responsible for the conduct of a radiologist who contracted with it, upholding a disputed part of a $750,000 jury verdict in favor of a patient who died of septic shock after colon surgery.

  • November 9, 2017

    Doctors' Negligence Left Patient Paralyzed, Suit Says

    A patient filed a medical malpractice suit Wednesday in Ohio Claims Court against Ohio State University Medical Center, alleging that his doctors failed to act quickly in treating the buildup of fluid in his spine, rendering him paralyzed.

  • November 9, 2017

    Privacy Rights Exist After Death, Fla. High Court Says

    The Florida Supreme Court on Thursday ruled that citizens have a right to privacy even after death under the Florida Constitution and also struck down part of the state’s prefiling requirements for people bringing medical malpractice claims, saying they blocked access to the courts.

  • November 9, 2017

    Pa. Panel Says Time-Barred Claims Void $2.4M Med Mal Award

    A Pennsylvania appeals court on Thursday overturned a $2.4 million medical malpractice award after finding that an amended complaint filed by the victim in the case had included claims that were barred by the statute of limitations.

  • November 9, 2017

    Wyo. High Court Says Hospital Immune To Med Mal Suit

    The Supreme Court of Wyoming has ruled that a county hospital is not liable for medical malpractice claims tied to a doctor who worked there as an independent contractor, reversing a trial court’s decision that found the hospital waived immunity granted by a state law when it took out liability insurance.

  • November 9, 2017

    DOJ Dropping ManorCare FCA Case After Witness Discredited

    With an expert witness’ credibility in tatters, the U.S. Department of Justice will admit defeat in a high-profile False Claims Act case accusing nursing home giant HCR ManorCare Inc. of a massive overbilling scheme, according to a new filing Wednesday in Virginia federal court.

  • November 9, 2017

    Insurer Must Cover Sexual Abuse Suit Against Psychiatrist

    An Iowa-based insurer will have to provide professional liability coverage to a psychiatrist accused of sexual misconduct in an underlying suit brought by his patient, an Illinois federal judge ruled on Wednesday.

  • November 8, 2017

    VA Nurse Faulted For Failing To Resuscitate Patient

    A Veterans Affairs nurse inaccurately told other staff that a patient had a Do Not Attempt Resuscitation order, and the patient died after the staff relied upon the nurse’s statement and did not attempt resuscitation, the Department of Veterans Affairs Office of Inspector General said in a report Tuesday.

  • November 8, 2017

    Miss. Appeals Court Backs Nurse’s Win In Syringe Mix-Up Suit

    A Mississippi appeals court on Tuesday affirmed a lower court’s decision to toss a couple's medical malpractice claims against a nurse anesthetist over a syringe mix-up because they had neglected to file anything in the case for almost two years.

  • November 8, 2017

    Baylor Can't Ditch Ex-Medical Resident's Termination Suit

    A Texas appellate court on Tuesday rejected argument from Baylor University Medical Center Inc. that a former medical resident’s allegation he was mistreated during his time at the hospital should be handled as a health care liability claim and dismissed.

  • November 8, 2017

    Med Mal Insurer Sues Pa. Gov. Over $200M Cash Grab

    A state-created entity aimed at providing malpractice insurance to Pennsylvania doctors and health care facilities made good on a threat Tuesday to sue the state in federal court over efforts to seize $200 million worth of its funds to help close a nagging budget gap.

  • November 8, 2017

    Jury Awards Woman $26M In Case Of Missed Early Labor

    A Brooklyn jury has awarded $26 million to a woman and her 7-year-old daughter, who was born deaf and whose twin sister died a month after birth, in their suit against Maimonides Medical Center, where doctors allegedly missed the woman’s signs of preterm labor.

  • November 8, 2017

    DOJ Says Sanctions Inappropriate In Nursing Home FCA Row

    U.S. Department of Justice attorneys asked a Virginia federal court on Tuesday not to sanction them in a whistleblower False Claims Act suit accusing nursing home chain HCR ManorCare of overbilling Medicare for unnecessary care, saying they did not intentionally circumvent court rules and orders.

  • November 7, 2017

    Insurer Says It Owes No Coverage For Beauty Center Burns

    Atain Specialty Insurance Co. sued a New Jersey beauty center in federal court Tuesday to seek a declaration it owes no coverage for litigation by a center customer who allegedly suffered serious burns during a skin treatment, arguing the business misrepresented itself.

  • November 7, 2017

    Fired Dr.'s Whistleblower Claims Against Hospital Revived

    A California appeals court on Monday revived a neurosurgeon’s claims that Los Robles Regional Medical Center fired him in retaliation for his whistleblowing on another surgeon’s dangerous practices, finding that the hospital couldn’t toss them in an anti-SLAPP action.

  • November 7, 2017

    Jail Medical Staff Not Deliberately Indifferent, 3rd Circ. Says

    The Third Circuit on Monday refused to revive a former inmate's claims that medical workers at a Pennsylvania jail were deliberately indifferent to a wrist fracture he suffered in a drunken driving crash, saying the record at most shows they were negligent.

  • November 7, 2017

    Fla. Appeals Panel Revives Negligence Suit Against Urologist

    A Florida appeals court on Monday revived a woman’s suit asserting that she fell and sustained permanent injuries because her urologist removed a step stool from her examination room, agreeing that her claims related to ordinary as opposed to medical negligence.

Expert Analysis

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.