Medical Malpractice

  • November 30, 2017

    Ill. High Court Says UChicago Must Face Wrongful Death Suit

    The Illinois Supreme Court on Thursday affirmed an appellate court’s finding that a woman could add a wrongful death claim to her suit against University of Chicago medical providers among others after her mother passed away from lymphoma, finding that it was not time-barred.

  • November 30, 2017

    NJ Panel Advances Bill To Close Loophole For Opioid Access

    A New Jersey Assembly panel on Thursday advanced legislation to close a “dangerous loophole” that lawmakers said allows opioid addicts to receive certain prescriptions in hospital emergency rooms without their medication history being checked on a statewide database.

  • November 30, 2017

    Texas Medical Board Slams Doc's Appeal At 5th Circ.

    The Texas Medical Board on Wednesday asked the Fifth Circuit to reject a doctor’s attempt to stall an administrative proceeding against him over allegations of abusive prescribing practices, saying a district court judge correctly relied on the well-founded recommendations of two magistrate judges.

  • November 29, 2017

    Northwestern Memorial Can't Escape Ex-Nurse's Age Bias Suit

    An Illinois federal judge refused Tuesday to grant summary judgment to a hospital that allegedly fired a nurse because of her age, saying the bias allegations create a viable factual possibility that age, rather than alleged unauthorized patient care, was the reason for the firing.

  • November 29, 2017

    7th Circ. Clears Prison Medical Contractor In Inmate's Suit

    The Seventh Circuit affirmed a district court decision Tuesday granting a quick win to prison contractor Advanced Correctional Healthcare, one of its doctors and a nurse in a suit brought by an inmate claiming his medical needs were ignored while at a county jail in Indiana.

  • November 29, 2017

    Home Health Co. Sued After Nurse Strikes Disabled Boy

    The mother of a disabled boy accused home health provider Epic Health Services of medical malpractice after one of its nurses allegedly struck the boy in the eye when he became agitated, according to a suit filed in Texas federal court Wednesday.

  • November 29, 2017

    Gymnastics Doc Pleads Guilty To More Sexual Abuse Claims

    Sports doctor Larry Nassar on Wednesday pled guilty in Michigan court to charges of felony criminal sexual conduct stemming from allegations of sexual abuse from more than 100 young female gymnasts, entering his plea after copping to similar charges a week ago in a separate case.

  • November 29, 2017

    Philly Doctor, Staffer Accused Of Running Opioid Pill Mill

    A doctor and his receptionist were accused of operating an opioid pill mill out of his Philadelphia office, allegedly charging hundreds of dollars for each prescription without offering patients any kind of medical service, according to an indictment unsealed in Pennsylvania federal court Tuesday.

  • November 28, 2017

    Firm Must Face Ex-Client's Suit Over Missed Deadline To Sue

    An Illinois federal judge ruled Tuesday that a Florida law firm must face a malpractice suit concerning its withdrawal from representation of a wrongful-death plaintiff that then missed a statute-of-limitations cutoff, saying the claims are good enough to pass initial hurdles.

  • November 28, 2017

    Barnes Says Cellino Wants To Burn Firm To The Ground

    One of the name partners of Cellino & Barnes PC, who is fending off an attempt by the other to dissolve the Buffalo, New York-based personal injury law firm known for its catchy jingle, accused his partner of threatening in an expletive-laden rant to “burn the place to the ground.”

  • November 28, 2017

    5th Circ. Won't Revive Suit Over Catheter Left In Chest

    The Fifth Circuit on Monday declined to revisit its October decision affirming dismissal of a medical malpractice suit brought by the widower of a woman who claimed a Dallas County hospital knew for years that a piece of a plastic catheter had been left inside her body after a heart procedure but didn’t tell her.

  • November 28, 2017

    Ala. Nursing Home Can't Keep Coma Suit In Federal Court

    An Alabama federal judge ruled on Tuesday that a former nursing home patient who claims the home allowed her to slip into a coma could add two doctors to her suit and that their inclusion justified returning the suit to state court.

  • November 28, 2017

    Health Monitoring Co. Gets Spinal Surgery Suit Nixed

    A Louisiana federal court on Monday tossed a patient's allegations that a neurophysiological monitoring company and its professionals caused his paralysis after neglecting to properly communicate with his surgeons during a spinal procedure, finding that the patient provided insufficient evidence.

  • November 28, 2017

    Clinic, Docs To Pay $1.2M To End Stress-Test FCA Row

    A California cardiology clinic and its five shareholder physicians agreed to pay $1.2 million to resolve False Claims Act allegations that they improperly performed and billed federal and state health care programs for unnecessary and risky heart stress tests, according to a statement by U.S. Attorney Phillip A. Talbert on Tuesday.

  • November 28, 2017

    NJ Doc Loses License On Allegations Of Threatening Patients

    A Middlesex, New Jersey, pain doctor’s license has been suspended indefinitely after accusations that her “bizarre and inappropriate” behavior, including allegedly threatening a patient with a knife in her waiting room, put patients and co-workers in danger, the state attorney general said Tuesday.

  • November 27, 2017

    Widow Says VA Hospital Failed To Spot Wife's Heart Infection

    The widow of a former member of the U.S. Air Force filed suit Monday against the federal government, saying that doctors at a U.S. Department of Veterans Affairs hospital failed to diagnose a fatal infection in her wife’s heart.

  • November 27, 2017

    NY Suit Over Wrong Tooth Removal Must Go To Trial

    A New York appellate court has affirmed the decision of a state Supreme Court judge denying a quick win to dentists in a malpractice suit alleging that they had negligently extracted the wrong tooth from a patient, determining that factual disputes still remained.

  • November 27, 2017

    Watchdog Knocks VA’s Oversight Of Docs' Performance

    The Department of Veterans Affairs' process for reporting and removing its doctors when quality or safety concerns arise needs work, the Government Accountability Office found in a report published Monday.

  • November 27, 2017

    Ga. Nursing Home Can't Arbitrate Negligence Claims

    A Georgia federal judge rejected a nursing home owner’s attempt to dodge allegations that one of its facilities failed to treat a pressure ulcer in an elderly woman who ultimately died, determining that an arbitration agreement signed by her daughter was unenforceable.

  • November 27, 2017

    Justices Won't Take Up Doc's Suit Against Firm Over $4M Deal

    The U.S. Supreme Court declined on Monday to hear a case in which a surgeon accused his former lawyers of improperly pressuring him to take a $4 million settlement deal after he claimed his former hospital intentionally contaminated his surgical tools.

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.