Medical Malpractice

  • September 29, 2017

    Pa. Panel Revives Nursing Home Negligence Suit

    The Pennsylvania Superior Court in a published opinion Thursday revived a nursing home negligence suit, saying because a special relationship existed between the patient and the home, claims of corporate negligence and vicarious liability meet certain state law requirements.

  • September 28, 2017

    Jury’s $6M Award Is NJ’s First For EMT Misconduct

    A New Jersey jury on Tuesday awarded $6 million in the first-ever verdict against an advanced life support services provider after it determined that emergency medical technicians negligently treated a woman, which led to her death, according to an attorney for the patient’s estate.

  • September 28, 2017

    NH Justices Find Hospital Not Owed Coverage For Hep C Suits

    A temp agency’s insurance carrier doesn’t owe a hospital coverage for suits arising from a hepatitis C outbreak caused by a former temp worker, the New Hampshire Supreme Court found on Thursday, saying the acts fall under a medical services exemption.

  • September 28, 2017

    Del. Jury Awards $4.5M In Suit Over Baby's Delivery Injury

    A Delaware state jury on Tuesday determined that an obstetrician-gynecologist negligently performed the delivery of a baby boy who suffered shoulder nerve damage and awarded him $3 million in damages with an additional $1.5 million to account for nine years of prejudgment interest.

  • September 28, 2017

    Dartmouth Hospital Settles Tumor Misdiagnosis Suit

    Dartmouth-Hitchcock Medical Center has agreed to settle a medical malpractice suit accusing the hospital of misdiagnosing a teenager's tumor that purportedly contributed to his death, according to documents filed Wednesday in New Hampshire federal court.

  • September 28, 2017

    Pa. Appeals Court Upholds Denial Of License To Del. Doc

    A Pennsylvania appellate court on Wednesday upheld the state Board of Medicine’s refusal to grant a license to a Delaware doctor due to past reprimands in his home state, ruling the board had acted within its discretion.

  • September 27, 2017

    Ohio Court Upholds Hospital Win In Suit Over Boy's Death

    An Ohio appeals court on Wednesday affirmed a jury verdict clearing a hospital of medical malpractice in connection with a 5-year-old boy's death from ear infection complications, saying the jury’s unnecessary response to a question on the verdict form did not warrant a new trial.

  • 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.

Expert Analysis

  • 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.

  • Storytelling In The Age Of Emojis

    Adam Bloomberg

    Being a truly effective trial attorney is as much about building a case as it is about playing to your audience of jurors. So if jurors are constantly relying on pictures to connect outside the courtroom, it is time to begin speaking to them in this new language, says Adam Bloomberg of Litigation Insights Inc.

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • If The Surgeon's A Robot, Who's The Learned Intermediary?

    James Beck

    In addition to driverless cars, it is time to contemplate surgeonless surgery. Autonomous surgical robots are on the horizon, and product liability litigation might follow. A key question is what happens to the learned intermediary rule when the product itself stands in the shoes of the doctor, says James Beck of Reed Smith LLP.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.