Medical Malpractice

  • 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.

  • July 26, 2017

    Hospital Keeps Jury Win In Suit Over Post-Surgery Choking

    An Illinois appeals court has upheld a jury's finding that a hospital was not liable for a post-surgery patient's choking death, saying the plaintiff's protests regarding the admission of expert witnesses and a conversation between defense counsel and a witness were unfounded.

  • July 26, 2017

    Federal Government Settles NJ Clinic Stillbirth Suit

    A New Jersey suit alleging that substandard care at a federally funded clinic led to a stillborn child was dismissed Tuesday after the federal government agreed to settle the claims for an undisclosed amount.

  • July 26, 2017

    Miss. Hospital Can’t Nix Suit Over Medical Docs Seen On TV

    A Mississippi federal judge on Tuesday rejected Alliance Health Partners LLC’s bid to dismiss a woman’s suit claiming that after she gave her baby up for adoption, the hospital company improperly disclosed her medical records to an attorney for the child’s father, who showed them on television.

Expert Analysis

  • 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.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Should Florida Hospitals Halt Peer Review?

    Dominic MacKenzie

    Despite the seemingly endless controversy surrounding discovery of certain records associated with peer review activities, health care providers in Florida must remain mindful that their obligation to perform good-faith peer review remains staunchly in place, says Dominic MacKenzie of Holland & Knight LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.