Medical Malpractice

  • September 27, 2017

    La. Doctors Escape Spinal Infection Misdiagnosis Suit

    A Louisiana appellate panel on Wednesday affirmed the dismissal of a suit accusing two doctors of misdiagnosing a man’s spinal inflammation that led to an infection and heart surgery, saying deposition testimony given by a different doctor who later treated the patient failed to establish the proper standard of care.

  • September 27, 2017

    Indian Health Service To Give Up Docs In Baby Injury Suit

    An Oklahoma federal judge ordered the Indian Health Service on Wednesday to give discovery responses in a $115 million negligence suit from parents who claim their newborn son suffered brain damage after he was delivered at a Chickasaw Nation hospital.

  • September 27, 2017

    La. Court Revives Suit Over Employee's Punching Of Patient

    A Louisiana appeals court revived a lawsuit against a Shreveport nursing home on Wednesday after concluding that an employee striking a resident could be considered an act of medical malpractice.

  • September 27, 2017

    VA Accused Of Negligence In $25M Wrongful Death Suit

    The family of a man treated at the Washington D.C. Veteran Affairs Medical Center hit the U.S. government with a $25 million wrongful death lawsuit Tuesday, claiming that the failure of the patient's doctors to prescribe the anticoagulants called for in his postoperative plan led to his death.

  • September 26, 2017

    Calif. Court Affirms Defense Verdict In Elder Abuse Claim

    A California appeals court on Monday upheld a jury’s decision to clear a hospital in a suit alleging elder abuse, medical malpractice and wrongful death, rejecting the patient’s estate’s argument that certain jury instructions, the exclusion of certain evidence and allegedly improper jury conduct prevented a fair trial.

  • September 26, 2017

    Gov't Not Liable In Veteran's Suicide, Judge Rules

    A Texas federal judge ruled Monday in favor of the federal government following a bench trial over a Veterans Affairs patient’s suicide, saying the evidence did not support a finding that a psychiatrist’s alleged failure to seek an emergency detention order contributed to the U.S. Army veteran’s death. 

  • September 26, 2017

    Md. Jury Awards Woman $1M For Negligent Post-Op Care

    A Maryland jury determined that a gynecologist negligently treated a woman after a hysterectomy that showed possible signs of cancer and awarded her $1 million, an amount that was later reduced pursuant to state caps on noneconomic damages, the patient’s attorney said Tuesday.

  • September 26, 2017

    NJ Panel Says Witness Ruling Won't Sink Med Mal Suit

    The New Jersey Appellate Division on Tuesday revived a colonoscopy patient’s medical malpractice suit that was tossed over a purportedly unqualified expert witness, ruling that the dismissing judge improperly deferred to a previous judge’s ruling on the issue.

  • September 26, 2017

    Pa. House Panel OKs Cap On Nursing Home Suit Punitives

    A Pennsylvania legislative committee on Tuesday narrowly approved a bill that would largely cap the amount of punitive damages available in lawsuits accusing nursing homes of substandard care.

  • September 25, 2017

    Houston Doc Appeals To Texas Justices In Free Speech Row

    A Houston anesthesiologist who claims she was wrongfully terminated by Memorial Hermann Health System has asked the Texas Supreme Court to review a ruling that threw out the majority of her claims against the hospital under a state free speech law.

  • September 25, 2017

    RI Jury Awards Patient Record $61.6M In Med Mal Suit

    Touted as the largest medical malpractice verdict in state history, a Rhode Island jury has awarded a man $61.6 million in a suit accusing two doctors and a hospital of providing negligent treatment that caused the patient’s right leg to be amputated, his attorney said Monday.

  • September 25, 2017

    Ky. Nursing Home Can’t Arbitrate Negligence Case

    A nursing home’s bid for arbitration in a suit alleging negligence was denied on Friday by a Kentucky Court of Appeals panel, saying the power of attorney given to the patient’s sister did not authorize her to execute an arbitration agreement.

  • September 25, 2017

    Okla. Cancer Center Wins Bid To Move Bungled Stem Cell Suit

    An Arkansas federal judge has opted to send a negligence suit against the Cancer Treatment Centers of America to Oklahoma, ruling that even though the patient bringing the suit is an Arkansas resident, the alleged mistreatment and most of the witnesses are located over the border.

  • September 25, 2017

    One Of Two NY Hospitals Let Out Of Vision Loss Suit

    A New York state court judge has decided to throw out a patient’s claims against Nassau University Medical Center, but ruled that his case against another Long Island university hospital could move forward, saying the patient had made a reasonable argument that the hospital contributed to his permanent left-eye blindness.

  • September 22, 2017

    Fla. Nursing Home Hit With 2 More Suits Over Irma Deaths

    A Florida nursing home shut down by the state after residents died in the aftermath of Hurricane Irma was hit with two more negligence lawsuits Friday, as the death toll was increased to 11.

  • September 22, 2017

    Dignity Health Escapes Indemnity Co.'s Med Mal Claims

    A longshore mutual insurance company on Thursday lost its suit against a hospital that performed surgery on one of its member’s workers who then died, with the California federal court saying an insurer doesn’t have standing to bring wrongful death claims.

  • September 22, 2017

    NY Court Orders Hospital To Produce Anesthesia Contract

    A New York state appeals court has ruled that a Long Island medical center must turn over a contract with the founder of an anesthesia practice in a suit brought by a patient who claims his anesthesia was bungled, overturning a lower court order protecting the document from discovery.

  • September 22, 2017

    Del. Judge Says Doctor Off The Hook For Med Mal Suit

    A Delaware state judge on Thursday tossed medical negligence claims against a radiologist because the family of a patient who died sent a notice that they intended to sue to the wrong place, allowing the statute of limitations to expire.

  • September 22, 2017

    Toe Amputee Agrees To Drop $3M Med Mal Suit, For Now

    A North Carolina man agreed Thursday to drop for the time being his $3 million medical malpractice suit in Virginia federal court in which he had accused a doctor of failing to properly treat a foot injury leading to amputation of several toes, allowing the case to be dismissed without prejudice.

  • September 22, 2017

    Indian Health Service Says Parents Rushing Baby Injury Row

    The Indian Health Service and the Chickasaw National Medical Center told an Oklahoma federal court in three separate filings this week that they are doing their best to respond to the flood of requests made by parents alleging they suffered expenses due to their child’s brain injury suffered at the center.

Expert Analysis

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • 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.