Medical Malpractice

  • August 1, 2017

    Insurer Fights Covering Negligence Claims In Med Mal Suit

    An insurer on Monday sued several Miami-area health providers and a medical device maker in Florida federal court, alleging that it does not have to cover medical negligence claims in an underlying malpractice and product liability complaint accusing the providers of implanting a spinal screw that later broke.

  • July 31, 2017

    Ind. Doctor Wins Med Mal Trial Over Botched Wart Removal

    An Illinois federal jury has cleared an Indiana doctor of liability in a $6 million suit accusing the internal medicine physician of botching a woman’s wart removal procedure that purportedly caused disability and disfigurement, rejecting the patient’s argument she should’ve been referred to a podiatrist.

  • July 31, 2017

    Law Firm Blames Ex-Client For Missing Deadline To Sue

    A Florida law firm that dropped a client in a wrongful death case sought to dismiss a legal malpractice suit against it Friday, arguing that the estate had nearly two months before the statute of limitations ran out to pursue its claims after the withdrawal of representation.

  • July 31, 2017

    Wash. Jury Awards Patient $1.2M For Botched Spinal Surgery

    A Washington state jury has awarded a woman more than $1.2 million in a medical malpractice suit accusing a physician of negligently performing a surgery that caused her severe spinal deformity.

  • July 31, 2017

    Proposed $200M Pa. Cash Grab Spurs Insurer Lawsuit Threat

    A state-created entity aimed at providing malpractice insurance to doctors and health care facilities said Monday that it would file suit if Pennsylvania legislators move ahead with efforts to seize $200 million worth of its funds to help close a nagging budget gap.

  • July 31, 2017

    Houston Law Firm Sued For Missed Wrongful Death Deadline

    The children of a deceased woman are suing their one-time attorneys in Texas state court for allegedly bungling a medical malpractice case against a hospital and staff members over their mother’s death, contending the lawyers blew the deadline for filing the underlying suit.

  • July 31, 2017

    Early Ruling On Doctor Liability Improper, Rules Ky. Court

    A Kentucky appeals court on Friday reversed a jury’s verdict finding a hospital not liable for allegedly failing to notice possible signs of an eventually fatal sepsis infection, ruling that the trial court improperly ordered a directed verdict as to the liability of a doctor who had settled before trial.

  • July 31, 2017

    Pa. Justices Reject Appeal In Med Mal Concealment Fight

    The Pennsylvania Supreme Court has ended efforts by the estate of a woman who died after receiving treatment for a knee injury to revive a medical malpractice case that was nixed as time-barred after a trial judge found that a doctor’s role in providing care had not been fraudulently concealed.

  • July 28, 2017

    Texas High Court Won't Hear Ex-UT Doc's Retaliation Suit

    A doctor who had alleged a University of Texas hospital did not renew his contract because he complained of racial discrimination lost his bid to overturn a lower court's toss of his suit when the Texas Supreme Court on Friday declined to review it.

  • July 28, 2017

    La. Appeals Court Denies More Time To Find Med Mal Experts

    A Louisiana state appeals court has found a judge was wrong to give a woman 90 days to retain medical experts in her suit against a hospital related to her stillborn baby, saying a lower court abused its discretion because she didn’t ask for more time.

  • July 28, 2017

    Wis. Doc Keeps Jury Trial Win In Infant Brain Injury Suit

    A Wisconsin appellate panel on Thursday affirmed a jury’s verdict clearing a doctor of liability in a suit over an infant's brain injury during delivery, rejecting the argument that the doctor and medical experts offered inadmissible new opinions at trial that had not been disclosed during depositions.

  • July 28, 2017

    Texas Appeals Court Caps Doc's Damages In ER Death Suit

    A Texas appeals court has ruled that an ER physician contracted to treat at a public hospital counts as a “public servant” for the purposes of a damages cap, a finding that reduces his liability in a suit alleging the physician improperly treated complications that proved fatal for a man after hemorrhoid surgery.

  • July 28, 2017

    Va. Justices Send Cancer Patient's Case Back For Third Trial

    The Virginia Supreme Court on Thursday overturned a jury verdict in favor of a breast cancer patient who claimed that her doctor operated on the wrong breast, saying that the trial judge incorrectly instructed the jury and remanding the case to be tried for the third time.

  • July 28, 2017

    NJ Atty Escapes Ex-Client's Suit Over Med Mal Settlement

    The New Jersey Appellate Division on Friday declined to revive a lawsuit against an attorney accused of negotiating a low settlement in a medical malpractice case, reasoning that an expert witness backtracked on his original opinion.

  • July 27, 2017

    Nursing Home Loses Med Mal Case For Ignoring Court Orders

    A New York appeals court Wednesday said a patient’s estate suing a nursing home for medical malpractice in connection with the patient’s death won its case by default since the home repeatedly failed to respond to the estate’s discovery demands and the trial judge’s orders over several years.

  • July 27, 2017

    SC Justices OK Medical Expense Claim In Bad Birth Suit

    The South Carolina Supreme Court on Wednesday revived a claim seeking medical expenses in a suit over a baby’s birth injury, saying the underage patient can sue for her own medical expenses because state court rules favor resolving claims on the merits rather than unnecessary procedural dismissals.

  • July 27, 2017

    Family’s Autopsy Suit Filed Too Late, Ohio Panel Affirms

    An Ohio appeals court Wednesday backed the dismissal of a family’s wrongful death suit that claimed a hospital's autopsy of their daughter after a brain procedure was too limited in scope and undertaken without proper consent, agreeing that the claims were time-barred.

  • July 27, 2017

    Trayvon Martin Family's Atty Opens New National Firm

    Florida attorney Benjamin L. Crump — who has represented the families of Trayvon Martin, Tamir Rice and others killed by police — announced the start of a new law firm in partnership with plaintiffs' firm Morgan & Morgan that will focus on civil rights, employment issues, medical malpractice, mass torts and class actions.

  • July 27, 2017

    Pa. Court Clears UPMC In Failed Liver Transplant Suit

    A Pennsylvania appellate court declined to revive a suit accusing the University of Pittsburgh Medical Center of knowingly transplanting a diseased liver from a son to his mother, saying that the case was time-barred and rejecting arguments that the statutory window for bringing such claims was unconstitutional.

  • July 27, 2017

    NJ Ruling Could Spur Patient Suits Over HIPAA Violations

    A New Jersey appellate court’s decision to greenlight a suit accusing a doctor of unlawfully disclosing a patient’s HIV status could help other patients use invasion of privacy claims to go after providers for alleged violations of the Health Insurance Portability and Accountability Act, which doesn’t allow for private lawsuits, experts say.

Expert Analysis

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Spiral Dynamics And The Vanishing Jury Trial

    Jennifer Gibbs

    Over the past 20 years, the number of jury trials has been on a dramatic decline. What if the vanishing jury trial is evidence of an expected development of human consciousness — explained by a theory known as spiral dynamics? asks Jennifer Gibbs, a partner with Zelle LLP.

  • Rebuttal

    Post-Whole Woman’s Health, Women’s Health Still Matters

    Elissa Graves

    Nancy Northup, president of the Center for Reproductive Rights, recently wrote a piece in Law360 praising the U.S. Supreme Court's Whole Woman’s Health decision, and condemning “sham” legislation targeting abortion clinics. But much of that legislation seeks to promote women’s health and safety and to demonstrate the state’s interest in protecting life in the womb, says Elissa Graves, legal counsel with Alliance Defending Freedom.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.