Medical Malpractice

  • September 27, 2013

    Pa. Justices Punt $100M Malpractice Insurance Fund Decision

    A divided Pennsylvania Supreme Court said Thursday that a more deeply developed evidentiary record was needed before it could determine whether a 2009 state law transferring $100 million from a statutorily created malpractice insurance fund violated the due process rights of hospitals and health care practitioners.

  • September 19, 2013

    4 Ways To Make Sure Comments On Agency Rules Count

    Attorneys frequently fret about stakeholder comments on proposed regulations — pushing clients to submit them, pushing agencies to allow them more time to do so — but if the comments aren't composed correctly, all that effort could be for naught. Here, experts offer four tips on how to make clients' comments more effective.

  • September 18, 2013

    High Court Urged Not To Take Novo Foreign Liability Case

    A woman who alleges Novo Nordisk A/S’ hormone therapy drug Activella caused her breast cancer urged the U.S. Supreme Court on Monday not to review an Oregon state court’s decision to assert jurisdiction over the Danish drugmaker, saying the jurisdiction challenge was premature.

  • September 17, 2013

    Post & Post Accused Of Botching $6M Malpractice Settlement

    A Philadelphia-based hospital alleged Monday that it had been forced to contribute $2.5 million toward a $6 million settlement with a patient in a malpractice suit after an attorney with Post & Post LLC failed to accurately determine the limits of the hospital’s insurance coverage.

  • September 12, 2013

    Pa. Justices Ax Appeal In $10M ALS Misdiagnosis Row

    The Pennsylvania Supreme Court on Tuesday shot down a bid by a University of Pennsylvania doctor seeking a new trial after a Philadelphia County court awarded more than $10 million in damages to a New Jersey man who was misdiagnosed with ALS, or Lou Gehrig’s Disease, in 2003.

  • September 6, 2013

    5th Circ. Curbs Abortion Providers Fight Against La. Rule

    The Fifth Circuit found Wednesday that abortion services provider Hope Medical Group for Women and two of its doctors do not have standing to challenge part of a Louisiana law that imposes strict liability on abortion providers for any injury caused by performing the procedure.

  • August 30, 2013

    Texas High Court Says Docs Named In Suits Are 'Parties'

    The Texas Supreme Court ruled Friday that physicians or health care providers who've been hit with medical malpractice suits can be served with expert reports before they receive the actual suit because they can be "parties" to the action before receiving the actual document.

  • August 28, 2013

    Rainmaker Q&A: Bailey Brauer's Alex Brauer

    Being at a boutique firm, we have the flexibility to take on clients and matters that larger firms can’t justify with their billing rates or are conflicted out of taking. We can also be much more responsive to clients’ requests for alternative billing arrangements, says Alex Brauer of Bailey Brauer PLLC.

  • August 26, 2013

    Novo Wants High Court To Clarify Foreign Company Liability

    Novo Nordisk A/S has asked the U.S. Supreme Court to review an Oregon state court’s decision to assert jurisdiction over it in a suit alleging its hormone therapy drug Activella caused a case of breast cancer, saying the state court's decision was unconstitutional.

  • August 20, 2013

    Pa. Justices Revive Dispute Over Malpractice Insurance Fund

    The Pennsylvania Supreme Court on Monday revived a dispute over whether a state-managed malpractice insurance fund should provide coverage for two instances of medical malpractice after a jury found a doctor negligent for failing to diagnose bacterial infections in utero in a set of twins.

  • August 16, 2013

    10 Calif. Hospitals Fined Over Patient Safety Issues

    California’s Department of Public Health on Thursday announced it had issued $675,000 in fines to 10 hospitals across the state over failures to follow state licensing requirements, saying the violations had caused or were likely to cause death or serious harm to patients.

  • August 14, 2013

    Rainmaker Q&A: Sayles Werbner's Dick Sayles

    There’s nothing worse than handing a business card to a potential client and not having anything interesting to discuss with them that’s related to what they do, says Dick Sayles of Sayles Werbner PC.

  • August 9, 2013

    Pa. Insurance Dept. Overbilled For Med Mal Fund, Court Says

    A divided Pennsylvania Commonwealth Court ruled Friday that the state’s Insurance Department had systemically overbilled health care providers over three years to fund a statutory program offering excess coverage for medical malpractice claims.

  • August 8, 2013

    As Health Care Reform Nears Launch, Litigation Looms

    With the Affordable Care Act requiring states to set up health insurance exchanges by the beginning of next year, attorneys expect to see a wave of related litigation including increases in medical malpractice and product liability suits, new fights between providers and managed health care plans, and more wrangling between employers and workers.

  • July 25, 2013

    Sacred Heart Kickback Scheme Caused Deaths, Suit Says

    The executives of Chicago’s Sacred Heart Hospital, along with four doctors, were sued Thursday in Illinois state court for the deaths of two patients that allegedly occurred after doctors performed unnecessary tracheotomies as part of an illegal kickback scheme targeting Medicare and Medicaid.

  • July 23, 2013

    Rainmaker Q&A: Miles & Stockbridge's Michael Brown

    My fear of failure is much stronger than my fear of rejection. So, I don’t miss an opportunity to ask for work and to keep asking for it, says Michael Brown of Miles & Stockbridge PC.

  • July 8, 2013

    Lexington Says It Needn't Cover $500M UnitedHealth Verdict

    Lexington Insurance Co. sued United Healthcare Services Inc. and several of its subsidiaries in Nevada federal court Wednesday alleging it owes no coverage for a $500 million punitive damages verdict, class action litigation and other claims stemming from a hepatitis C outbreak.

  • July 1, 2013

    Fla. Lawyers Challenge New Medical Malpractice Law

    Attorneys in Florida on Monday filed lawsuits across the state in a coordinated attack on a new medical malpractice law that allows doctors named as defendants to disclose patient information under some circumstances.

  • June 28, 2013

    Texas Justices Toss Retaliation Claim Over Expert Report

    The Texas Supreme Court on Friday dismissed a retaliation claim against a nursing home accused of negligently treating a former patient and causing her to suffer a second stroke, saying the patient's family failed to file a sufficient expert report under state law.

  • June 26, 2013

    Pa. Senate OKs Bill To Let Docs Apologize Without Liability

    The Pennsylvania Senate on Tuesday unanimously approved a so-called physician apology bill that would allow doctors, hospital executives and other health care providers to apologize for mistakes without it being admissible in court as evidence of malpractice liability.