Medical Malpractice

  • June 7, 2017

    Nursing Home Can't Make Family Arbitrate Patient Death Suit

    The Supreme Court of New Jersey has declined to hear a nursing home’s appeal, leaving in place an appellate decision determining that an arbitration agreement signed by a deceased patient can’t prevent the patient’s family from suing because the patient did not have the capacity to agree to the provision.

  • June 7, 2017

    4th Circ. Backs Doc's Expert, Jury In Birth Defect Suit

    The Fourth Circuit determined Tuesday that a lower court judge had made the right call in allowing a pair of expert witnesses in a medical malpractice case accusing an obstetrician of not properly treating a pregnant patient’s infection, letting stand a jury verdict in favor of the doctor.

  • June 7, 2017

    McBrayer Adds Med Mal Pro, Associates In Ky.

    McBrayer McGinnis Leslie & Kirkland PLLC has added a partner with over two decades of experience in medical and professional liability defense, along with four associates, to its Lexington, Kentucky, office.

  • June 7, 2017

    Device Maker, UPenn Sued For Heart Surgery Infection

    A New Jersey woman blamed a Japanese medical device manufacturer and the Hospital of the University of Pennsylvania for a virulent bacterial infection she contracted during a 2016 open heart surgery, in a complaint filed in Pennsylvania state court Wednesday.

  • June 6, 2017

    Sleep Lab Rejects Emory's Coverage Bid After $20M Verdict

    A contractor that ran a sleep lab at Emory University said it shouldn’t be on the hook for the school’s share of a $20 million medical malpractice verdict because Emory’s subsidiary company had ultimate control over the lab, according to documents filed Tuesday in Georgia federal court.

  • June 6, 2017

    Fla. Court Orders Physician To Stop Performing Surgeries

    A Miami surgeon accused by state health officials of being responsible for injuries in connection with plastic surgery procedures was ordered by a Florida appellate court on Monday to immediately stop performing such surgeries following the recent death of a patient.

  • June 6, 2017

    Iowa Wrongful Birth Ruling Leaves Questions Over Damages

    The Iowa Supreme Court's recent ruling that "wrongful birth" claims are now fair game in medical malpractice cases is just the end of the first battle in an ongoing war over the issue, attorneys say, as the justices have left unresolved what types of damages are allowed in such cases.

  • June 6, 2017

    Calif. Appeals Court Affirms Toss Of Untimely Med Mal Suit

    A woman’s lawsuit alleging she was injured by an improperly inserted needle was properly dismissed, a California appeals court ruled on Monday, finding that the complaint was filed after a one-year statute of limitations.

  • June 6, 2017

    Ky. Doctor Gets 4 Years For Bad Opioid Rx, Medicaid Fraud

    A Louisville, Kentucky, obstetrician and gynecologist was sentenced to four years in prison Monday after a federal jury found him guilty of improperly handing out addictive painkillers and fraudulently billing Medicaid for transvaginal ultrasounds.

  • June 5, 2017

    Insurer Must Face Coverage Bid In Medical Malpractice Row

    A Nebraska federal judge on Monday refused to grant Houston Casualty Co. a quick win in its dispute with Preferred Professional Insurance Co. over coverage for PPIC's costs to defend and settle underlying claims that it conspired to conceal evidence in a medical malpractice action, saying factual disputes foreclose judgment at this stage.

  • June 5, 2017

    CMS Scraps Nursing Home Arbitration Ban

    The Centers for Medicare & Medicaid Services on Monday said it plans to scrap a far-reaching ban on nursing home arbitration agreements, concluding that the ban imposed “unnecessary and excessive” litigation costs on health care providers.

  • June 5, 2017

    Cancer Center Off Hook For Missed Diagnosis In Med Mal Suit

    A Tennessee appellate court decided Monday that a cancer center couldn’t be held responsible for allegedly missing a cancer diagnosis of a patient bringing a medical malpractice suit, saying the patient couldn’t make a case that an earlier diagnosis would have made a difference to the outcome.

  • June 5, 2017

    X-Ray Co. May Have To Indemnify Rehab In Patient Death Suit

    A Georgia appellate court ruled Friday that a trial court was wrong to let an X-ray imaging company off the hook for indemnifying a nursing home in a negligence suit brought by a deceased patient’s estate, saying that the company's contract with the nursing home made clear it could be held responsible.

  • June 5, 2017

    Fla. Hospital Asks Justices To Take On Records Access Case

    A Florida hospital has asked the U.S. Supreme Court to weigh in on a case involving a Florida constitutional amendment that requires broad access to incident reports of adverse medical events for malpractice cases, arguing that the state amendment should not override a federal law that made this data confidential.

  • June 5, 2017

    9th Circ. Revives Minor's Suit Over Mother's Childbirth Death

    The Ninth Circuit revived on Monday a minor’s medical malpractice suit accusing a federally funded health clinic of causing his mother’s death after she gave birth, saying a California federal district court can rule on the case, even though the minor initially failed to exhaust administrative remedies under the Federal Torts Claims Act.

  • June 5, 2017

    Texas Appeals Court Backs Expert Report In Patient Death Suit

    A hospital can’t get out of a family’s lawsuit alleging an incorrect insulin dosage led to a woman’s death, a Texas appeals court has ruled, as an expert report did enough to indicate a connection between the allegedly deficient care and the patient’s death.

  • June 2, 2017

    Ore. High Court Revives Suit Over Cancer Patient's Death

    The Oregon Supreme Court revived Friday a wrongful death suit lodged against an oncologist and a hospital, ruling that the trial judge was wrong to toss the case for failure to comply with court orders since the patient’s estate’s actions were not willful or done in bad faith.

  • June 2, 2017

    Iowa Supreme Court Recognizes ‘Wrongful Birth’ Claims

    The Iowa Supreme Court on Friday joined the majority of U.S. states that recognize “wrongful birth” claims, reviving a couple’s medical malpractice suit alleging they would have terminated a pregnancy had a doctor properly informed them of abnormalities which appeared on an ultrasound.

  • June 2, 2017

    Gov't Must Face Amputee's Suit Over Missed Diagnosis

    A South Carolina federal judge ruled on Thursday that the government can’t evade a negligence suit by a patient who claims a missed diagnosis for her abdominal pain at a federally supported clinic led to three of her limbs being amputated, ruling that the government’s statute of limitations argument didn’t hold up.

  • June 2, 2017

    Judge Won't DQ Firm In Suit Over Botched Surgery

    A New Jersey federal judge on Thursday declined to disqualify Buckley Theroux Kline & Petraske LLC as counsel for a doctor and hospital defending a medical malpractice case, reasoning there was no proof the clients’ interests were adverse to those of another doctor in the case that the firm previously represented.

Expert Analysis

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Crowdfunding For Legal Cases: 5 Trends Reshaping Justice

    Julia Salasky

    Most people have never had an opportunity to personally take part in a legal case that directly challenges laws or policies they don’t agree with. Now that crowdfunding is available for legal cases, people can engage directly with legal change in the community and be a check on the powerful, says Julia Salasky, CEO of CrowdJustice.

  • Opinion

    ABA Needs A New Model Legal Ethics Rule

    Kevin L. Shepherd

    Perhaps lost in the presidential post-election tumult was a report issued in late 2016 by an international body evaluating U.S. compliance with anti-money laundering and counter-terrorist financing standards. Considering repeated criticisms of the legal profession, the American Bar Association should seriously consider a new model legal ethics rule, says Kevin Shepherd of Venable LLP.

  • What Does Lateral Partner Success Look Like?

    Howard Flack

    In the final segment of his series on lateral recruitment, Howard Flack, a partner of Volta Talent Strategies LLC and former leader of the lateral partner recruiting team at Hogan Lovells, shares a number of factors law firms should consider when measuring lateral hire success.

  • Opinion

    Gorsuch, Roe And 'Superprecedent'

    Nancy Northup

    The Senate must now make a decision that holds the potential of striking at the essence of what it means to live in a free nation of laws, where each of us has the right to define who we love, who we are, and the very purpose of our lives — and it must do so without the benefit of essential information, says Nancy Northup, president of the Center for Reproductive Rights.

  • Are Lateral Recruitment Opportunities Shaping Your Strategy?

    Howard Flack

    In the second installment of this series on lateral recruiting, Howard Flack of Volta Talent Strategies LLC challenges law firms to ask themselves whether business strategies are determining lateral hires — or vice versa.

  • Lateral Partner Hiring: Time To Look In The Mirror

    Howard Flack

    The surveys that report lateral partner hiring as more or less a 50-50 proposition keep being published, and yet the lateral partner market is as robust as ever. So, what are firms looking at to measure their success and justify the level of investment they continue to make in the lateral market? asks Howard Flack of Volta Talent Strategies LLC.

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.