Medical Malpractice

  • June 15, 2017

    Ex-Pa. Doctor Sentenced To 25 Years For Running A Pill Mill

    A former doctor who once ran two Philadelphia-area practices was sentenced to 25 years in prison Wednesday, six months after a jury found him guilty of running a pill mill and causing the death of a patient, the U.S. Department of Justice said Thursday.

  • June 15, 2017

    Defective Bayer Warnings Led To Leg Amputation, Suit Says

    Bayer AG provided inadequate warnings or instructions on its “Dr. Scholl's” padded callus removers about the potential risks to diabetics, leading a New Jersey man with diabetes who used the product to lose part of his left leg, according to a medical malpractice action filed against the company in state court.

  • June 15, 2017

    Texas Panel Frees MD Anderson Docs From Med Mal Claims

    A Texas appellate court sided with The University of Texas MD Anderson Cancer Center on Thursday and dismissed six of its doctors from a widower's negligence suit, ruling they are immune from it because they acted within the scope of their employment.

  • June 15, 2017

    Cardiac Death Suit Reinstated Over Improper Dismissal

    A New York appeals court revived a lawsuit accusing a cardiologist of contributing to a woman’s death by failing to diagnose and treat a condition in which fluid built up around her heart, finding on Wednesday that a lower court had improperly used a hearing on expert testimony to dismiss the suit.

  • June 15, 2017

    Playboy Model's Estate Sues Chiropractor Over Her Death

    The estate of late Playboy model and social media celebrity Katie May filed suit Wednesday against the chiropractor who allegedly mishandled a neck adjustment and caused her to have a stroke in 2016, accusing him of medical malpractice, negligence and a host of related claims.

  • June 14, 2017

    Justice Ginsburg On Oral Argument And ‘Imperious’ Attorneys

    Justice Ruth Bader Ginsburg discusses the value of oral arguments, advice for advocates, and the one thing lawyers do that irks her, in the second of two articles based on an exclusive interview.

  • June 14, 2017

    Fed. Gov’t Hit With $3.8M Verdict In Brain Damage Suit

    An Alaska federal judge put the U.S. government on the hook for $3.8 million after ruling that medical staff at a federally funded health clinic provided negligent emergency room treatment to an Alaska Native woman who went into cardiac arrest and suffered permanent brain damage.

  • June 14, 2017

    Tenn. DAs, Addicted Baby's Guardian Sue Opioid Makers

    Three Tennessee district attorneys and the guardian of a baby born addicted to painkillers hit drugmakers Purdue, Endo and Mallinckrodt with a state court suit Tuesday alleging the companies stoked the opioid crisis, a case that also takes aim at the state’s damages caps.

  • June 14, 2017

    Pa. Court Backs Doctor’s Trial Win Over Post-Op Care

    A Pennsylvania appellate court on Tuesday upheld a jury verdict in favor of a doctor accused of causing a patient’s death by giving bad advice after an endoscopic procedure, ruling that the trial court had acted correctly when ruling on witness testimony for both sides.

  • June 14, 2017

    Texas Appeals Court Nixes Suit Over Cancer Patient’s Death

    A Texas appellate court on Tuesday rejected a bid to restore a suit accusing a doctor and hospital of providing negligent post-surgical care to a cancer patient who died, holding the patient’s estate was not entitled to more time to designate an expert medical witness.

  • June 14, 2017

    Mass. High Court Affirms Doctor’s Suspension

    A doctor’s request to pause a suspension from practice for substance use was correctly denied, the Massachusetts high court ruled Tuesday, saying he failed to substantiate his claims that an order of a state medical credentialing board violated his rights or was otherwise improper.

  • June 14, 2017

    Ariz. Court Affirms Yanking Doc's License Over Painkillers

    An Arizona state appeals court upheld a decision by the state’s medical board to revoke the license of a doctor accused of overprescribing pain meds, ruling that the board’s administrative process was fair and that the lower court was not required to view evidence of improved care from after the board’s hearing.

  • June 13, 2017

    Ill. Court Says Attys’ Informal Deal Revives Med Mal Suit

    A medical negligence suit that was refiled after a voluntary dismissal and later tossed by a trial judge was revived on Monday by an Illinois appellate court, which said the parties had agreed that the patient could refile the suit due to his attorney’s personal issues.

  • June 13, 2017

    Bar Association Urges Congress To Reject Tort Reform Bill

    The American Bar Association on Tuesday asked Congress to vote against a tort reform bill that would impose a nationwide cap on noneconomic damages in medical malpractice cases, saying that such matters are better left in the hands of the states.

  • June 13, 2017

    Calif. Court Tosses Ex-Permanente Nurse’s Retaliation Suit

    A registered nurse and minister fired from a California hospital system on the grounds that he dispensed an improper amount of a narcotic and failed to properly record the dosage failed to demonstrate that his dismissal was a guise for religious discrimination, a California appeals court ruled Monday.

  • June 13, 2017

    Texas Court Says Med Mal Expert Didn't Prove Qualifications

    A Texas appellate court held Monday that an expert witness in a medical malpractice case didn’t adequately demonstrate his qualifications to opine why a gallbladder surgery patient died, but the patient’s family may get the chance to amend their expert report to address the problem.

  • June 13, 2017

    Ex-UT Doc Takes Retaliation Suit To Texas High Court

    A doctor alleging a University of Texas hospital did not renew his contract because he complained of racial discrimination has told the state's high court his case was wrongly tossed when there was a dispute over whether he suffered discrimination.

  • June 12, 2017

    Justice Ginsburg On Diversity And Persuading Her Colleagues

    Justice Ruth Bader Ginsburg discusses what it means to have three women on the court, the aftermath of hostile Senate confirmation fights, and why justices sometimes do the unexpected, in the first of two articles based on an exclusive interview with the feminist icon.

  • June 12, 2017

    Ky. Home Care Co. Dodges Suit Over Patient's Death

    A Kentucky appellate panel on Friday tossed a medical malpractice suit alleging a home care company's negligent treatment caused the death of a patient, saying the patient's estate failed to produce the requisite expert witness testimony.

  • June 12, 2017

    Texas Justices Deny Radiologist's Bid To Dump Med Mal Case

    A radiologist lost his fight to overturn a lower appellate court's reversal of an early win in his favor in a medical malpractice lawsuit claiming his alleged failure to communicate findings from an ultrasound caused a patient's death, when the Texas Supreme Court on Friday declined to hear the case.

Expert Analysis

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • Questioning The Controlled Substances Act After Enmon

    Jack Sharman

    Following the Eleventh Circuit's recent decision in United States v. Enmon, it remains unclear what conduct is prohibited under the Controlled Substances Act and what intent a physician must possess in order to support a conviction, say attorneys with Lightfoot Franklin & White LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Opinion

    Pro-Business Agenda Threatens Consumer Legal Funding

    Jeremy Kidd

    The current push by the U.S. Chamber of Commerce to ban consumer legal funding is an example of a pro-business policy masquerading as a pro-market policy. Voters should demand pro-market reforms and reject protectionist tariffs that threaten our economic growth and innovation, says Jeremy Kidd of Mercer University's Walter F. George School of Law.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.