Medical Malpractice

  • September 11, 2017

    Pa. Panel Denies Appeal Over Unnecessary Surgery Claim

    A Pennsylvania state appellate court on Friday denied a request from a patient’s estate for a second appeal after the panel agreed with the lower court that the suit, which accused a doctor and hospital of performing an unnecessary procedure, was time-barred.

  • September 11, 2017

    Pardon Can’t Restore Nurse’s License, Del. Court Says

    A nurse who was convicted for impersonating a doctor to write herself prescriptions was unable to convince a Delaware court to restore her nursing license despite a pardon from the state’s governor, with the court ruling Friday that her license was revoked for misconduct separate from her crime.

  • September 11, 2017

    Fraud Claim Nixed In Calif. Suit Over Botched Knee Surgery

    A California federal judge on Monday dismissed a fraud claim in a medical malpractice suit accusing a doctor of botching a man’s knee replacement surgery and fraudulently concealing an infection, saying there is no evidence that the doctor knew about the infection.

  • September 11, 2017

    Surgeon Says Firing Was Retaliation For Raising Safety Issues

    A former orthopedic surgeon at Massachusetts General Hospital has accused the hospital of firing him for raising concerns about “double booked surgeries,” saying that his termination was retaliation for raising the alarm with government agencies and the media.

  • September 8, 2017

    Why More Global Giants Are Renouncing Their HQs

    As more and more international legal giants opt to renounce their headquarters — a move that can woo clients and merger partners alike — experts say it’s a step that also brings its own set of management challenges.

  • September 8, 2017

    Firms Stay The Course On London Growth Amid Brexit Haze

    A year after the U.K.’s vote to end its membership in the European Union, most firms are either hewing to existing expansion plans or making tweaks around the edges, with even the most avid crystal ball-gazers at a loss for what Brexit will mean in the long term.

  • September 8, 2017

    Law360 Reveals The Global 20 Firms Of 2017

    When it comes to having the global expertise to handle complex cross-border matters spanning multiple time zones, some firms stand out from the rest. Here, Law360 reveals its seventh annual ranking of the firms with the biggest international presence.

  • September 8, 2017

    Where The Global 20 Are Bolstering Their Ranks

    Australia, Brazil and Germany have emerged as premier hubs for global law firm expansion in 2017, fueled in part by increased anti-corruption enforcement in Brazil, infrastructure investment in Sydney and the U.K.’s vote to leave the European Union.

  • September 8, 2017

    Global Firms Snap Up India Work With Liberalization In Limbo

    International law firms play a crucial role in India despite being barred from practicing there, and some say opening up the country’s legal industry wouldn’t drastically change how they do business.

  • September 8, 2017

    Miss. Justices Toss Med Mal Suit For Failure To Prosecute

    The Mississippi Supreme Court on Thursday tossed a suit accusing a hospital of medical malpractice, saying the patient failed to diligently pursue her case since the first claim was filed more than a decade ago.

  • September 8, 2017

    Texas Court Says Bad Expert Claims Can’t Nix Med Mal Suit

    A split Texas appellate panel on Thursday allowed a suit accusing two doctors of negligently treating a teen patient’s injured testicle, which later required amputation, to move forward, saying the patient’s two expert medical witnesses are qualified to testify under state law.

  • September 8, 2017

    Ind. Court Backs Doctor's Win In ER Treatment Trial

    An Indiana appeals court has affirmed a doctor’s victory at trial over claims that his negligence caused a man's death from a heart condition and internal bleeding, ruling Friday that the exclusion of evidence about the patient's prior treatment was harmless error.

  • September 8, 2017

    Doc Sued Over Surgery On Wrong Ear, Subsequent Deafness

    A Houston doctor and the Houston Ear Nose & Throat Clinic LLP that employs him were hit with a lawsuit Thursday by a mother on behalf of her now-deaf son, who alleges the doctor performed a cochlear implant surgery on the wrong ear and rendered the boy completely deaf in both ears.

  • September 8, 2017

    Calif. Panel Lets Doc Out Of Post-Surgery Paralysis Suit

    A California appellate court ruled Thursday that a lower court was right to cut a doctor loose from a suit accusing several parties of bungling a patient’s treatment for an antibiotic-resistant infection, ruling that the doctor was a county employee and that the patient had not filed a timely administrative claim.

  • September 7, 2017

    Needless Medical Care Fueled By Med Mal Fears, Poll Says

    Most doctors believe that subjecting patients to unnecessary medical treatment is a common practice that is mostly prompted by a fear of medical malpractice claims, according to a survey published Wednesday by Johns Hopkins University researchers.

  • September 7, 2017

    Ga. Appellate Court Nixes Mother's Suit Against Midwife

    A Georgia appellate panel tossed a suit accusing a nurse midwife of being responsible for a baby's permanent brain injuries by negligently managing the mother's labor and delivery, saying Thursday that a theory submitted by the woman’s expert medical witness is not generally accepted in the scientific community and is therefore inadmissible.

  • September 7, 2017

    Insurance Co. Off The Hook In Ambulance Death

    An Illinois federal judge ruled Wednesday that Homeland Insurance Co. of New York need not cover A-Tec Ambulance Inc. in an underlying suit alleging that the ambulance company is responsible for a patient’s death after he fell while being loaded into an ambulance, an activity not covered by the policy, the judge said.

  • September 7, 2017

    Texas Trial Atty Duo Launch New Boutique Firm

    Two notable Dallas attorneys announced Wednesday that they have launched a new boutique, Hamilton Wingo LLP, that one of its name partners said he intends to build into “the best trial firm in the United States.”

  • September 7, 2017

    Expert’s Testimony Dooms Intensive-Care Suit Against Doc

    A Tennessee appeals court on Wednesday declined to revive a suit accusing a Memphis doctor of causing the death of a patient by not ensuring she was transferred to intensive care after an inflammation that blocked her windpipe, ruling the expert witness testimony was too thin and speculative for the suit to continue.

  • September 6, 2017

    Suit Over Claims Admin's Deal In $16M Award Heads To Trial

    A Massachusetts federal judge on Wednesday changed course and ruled an insurance claims administrator is protected by a state “safe harbor” law in a suit arising from a $16 million verdict stemming from a woman’s death at a nursing home, but said a trial is still needed to resolve the case.

Expert Analysis

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.

  • 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.