Medical Malpractice

  • 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.

  • November 22, 2017

    Diagnostics Center Can't Get Review In Misread Scan Case

    A cancer diagnostics center can’t appeal an Indiana federal court’s refusal to grant it a quick win in a suit over a misread CT scan that allegedly led a woman’s cancer to go long undiagnosed, the court ruled Tuesday.

  • November 22, 2017

    Gymnastics Doctor Cops To Abuse Of Young Athletes

    Larry Nassar, the sports doctor accused of sexual abuse by hundreds of Olympic, college and younger gymnasts, pled guilty Wednesday in Michigan court to felony criminal sexual conduct after years of alleged sexual abuse of young female athletes.

  • November 22, 2017

    Hospital Was Right To Disclose Probe Of Doc, NJ Panel Says

    The New Jersey Appellate Division on Wednesday declined to revive a cardiologist’s lawsuit over her former employer’s report to state medical regulators and other hospitals that she resigned while under review for allegedly performing unnecessary procedures, ruling that the hospital was just obeying the law.

  • November 22, 2017

    Pa. Justices Affirm $2M Verdict Against Nursing Home

    The Pennsylvania Supreme Court on Wednesday affirmed part of a $2 million jury verdict against the Albert Einstein Healthcare Network, concluding a lower court properly determined that claims brought by the family of a woman who suffered bedsores and other ailments before her death were brought within the statute of limitations.

  • November 22, 2017

    Texas Panel Says Doc Must Obey Med Board Subpoena

    A Texas appeals court recently affirmed a lower court's order that a doctor under investigation by the Texas Medical Board for his and his staff's treatment of patients must comply with a subpoena request from the agency for medical and billing records for three patients.

  • November 22, 2017

    Fla. High Court Ruling May Ease Path For Med Mal Suits

    The Florida Supreme Court’s recent decision to sink certain requirements for medical malpractice plaintiffs before they sue will make it easier for patients to bring such cases and shut the door on coordination between accused doctors and other physicians who treated a patient, plaintiffs attorneys say.

  • November 21, 2017

    DOJ Accuses Doc Of Faking Prescriptions To Get Opioids

    A pain management doctor in Amherst, New York, was arrested on Tuesday and charged with fraudulently obtaining opioids by writing and receiving prescriptions for at least two patients already deceased at the time he prescribed the drugs, according to documents released by the U.S. attorney’s office.

  • November 21, 2017

    Gov't Sued Over Fla. Birth That Cost Baby Use Of Her Arm

    The mother of a baby who sustained a permanent arm injury during birth sued the federal government for medical malpractice in Florida federal court, after a public hospital doctor allegedly neglected to deliver the baby via caesarian section.

  • November 21, 2017

    Dialysis Patients Face Undoing By Experts In Fresenius MDL

    Attorneys for about a dozen dialysis patients argued in Boston on Tuesday that, although their own experts say otherwise, they should be allowed to seek a jury's opinion on claims that they were gravely injured on the watch of leading kidney clinician Fresenius Medical Care.

  • November 21, 2017

    Patient’s Malpractice Win In Arthritis Case Upheld On Appeal

    An Indiana appellate court on Tuesday upheld a win for a patient who accused her doctor of not treating her arthritis and allowing it to worsen unchecked, ruling that the doctor had not properly rebutted the patient’s claim that he caused her injuries.

  • November 21, 2017

    Pa. Justices To Mull Evidence Allowed In Med Mal Cases

    The Pennsylvania Supreme Court said Monday it would hear arguments over whether evidence of the known risks and complications of medical procedures should have been allowed into a medical malpractice case against the University of Pittsburgh Medical Center over an allegedly botched hysterectomy.

  • November 21, 2017

    Air Force Mechanic Settles Unneeded-Surgery Claims With VA

    A former U.S. Air Force mechanic on Monday settled his suit alleging doctors at a U.S. Department of Veterans Affairs hospital misdiagnosed the weakness in his hand and performed an unnecessary surgery that doctors then bungled.

  • November 20, 2017

    N.M. High Court Says Woman's Cancer Suit Comes Too Late

    The New Mexico Supreme Court on Monday affirmed an appeals court's ruling that a patient had waited too long to file suit against an Albuquerque hospital and her doctor for allegedly neglecting to inform her about a mass on her ovary that turned out to be cancerous.

Expert Analysis

  • 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.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.