Medical Malpractice

  • March 10, 2016

    CVS Can't Be Held Liable For Doc's Bad Rx, NY Court Rules

    A CVS Caremark Corp. pharmacist who filled a too-strong painkiller prescription that allegedly led to a man's death can't be held responsible for not questioning what the physician had prescribed, a New York appeals court has ruled.

  • March 9, 2016

    Trial Pros: Chamblee Ryan's Bill Chamblee

    Trial preparation must be extreme. You must erase all outside influences from your life and allow your mind, intellect, heart, emotion and passion to overtake you and to consume you, says Bill Chamblee, founding partner of Chamblee Ryan Kershaw & Anderson PC.

  • March 8, 2016

    Owen Gleaton Says Late Docs Don't Warrant Sanctions

    In response to allegations that it should be sanctioned severely for withholding 4,000-plus pages of evidence until 11 days before trial in a professional liability suit brought against it by First Professionals Insurance, Owen Gleaton Egan Jones & Sweeney LLP on Tuesday said the documents present no new facts and don’t prejudice anyone.

  • March 7, 2016

    Insurer Wants Owen Gleaton Sanctioned Over 'New' Docs

    Owen Gleaton Egan Jones & Sweeney LLP should be sanctioned severely for hanging on to more than 4,000 pages of evidence until just 11 days before trial in a professional liability suit brought against it by medical malpractice insurer First Professionals Insurance Co., a Georgia federal court was told on Friday.

  • March 7, 2016

    7th Circ. Says Clinic's Lies Void $4M Insurance Policy

    A Chicago clinic cannot use a $4 million insurance policy to defend itself in a medical malpractice suit, after the Seventh Circuit found that the clinic lied on its insurance application about a doctor’s use of a controversial weight loss treatment.

  • March 4, 2016

    Texas Appeals Court Grants Fees In 'Cow In The Road' Row

    A Texas appeals court Thursday ordered a retired doctor to pay more than $11,000 in attorneys’ fees as damages for bringing a frivolous appeal in a lawsuit alleging he was negligent for letting his cattle stray into the road.

  • March 4, 2016

    2nd Circ. Says Feds Owe Paralyzed Vet Expenses In VA Row

    The Second Circuit on Friday said a New York federal district court undercut the amount the government owes a veteran who was paralyzed after a surgery in a Veterans Administration hospital by assuming his future medical expenses would be covered by the provider that injured him.

  • March 3, 2016

    NJ Doctor Escapes Most Claims In Suit Over Spinal Implants

    A New Jersey doctor on Thursday escaped most of the claims brought against him in federal court by a patient who accused him of medical malpractice after devices implanted in her spine failed, but he’s still facing negligence charges in the heavily trimmed case.

  • March 2, 2016

    Pa. Justices Snub Blue Cross Bid To Hide Surgery Records

    The Pennsylvania Supreme Court said Tuesday it would not hear an appeal of a ruling rejecting arguments from Blue Cross of Northeastern Pennsylvania that information from its investigation of an allegedly botched orthopedic surgery should be considered confidential under state law.

  • February 29, 2016

    Insurer Denies DQ Bid In Owen Gleaton Malpractice Suit

    First Professionals Insurance Co. told a Georgia federal court Friday that its request to admit evidence about Owen Gleaton Egan Jones & Sweeney LLP’s counsel in the insurer’s malpractice suit isn’t, as the firm has argued, an attempt to disqualify the attorneys.

  • February 25, 2016

    Whistleblowers Return Fire In High Court FCA Battle

    Whistleblowers on Thursday aggressively countered Universal Health Services Inc.'s efforts to sharply limit False Claims Act liability for regulatory violations, telling the U.S. Supreme Court that there is no legal basis for the limitation and that concerns about punishing trivial violations are wildly overblown.

  • February 17, 2016

    Insurer Pushes For Interest In Owen Gleaton Malpractice Row

    First Professionals Insurance Co. asked a Georgia federal judge on Sunday to snuff out two defenses raised by Owen Gleaton Egan Jones & Sweeney LLP in their dispute over a $2 million legal malpractice settlement, as well as for a ruling that it’s entitled to interest on that amount.

  • February 16, 2016

    Texas Justices To Mull Liability For Hospital Partner's Actions

    The Texas Supreme Court agreed Tuesday to consider whether a hospital operator can be held liable for medical malpractice claims against a doctor who was an investor in the company when he allegedly caused a baby nerve damage during delivery.

  • February 16, 2016

    Kaufman Dolowich Adds Ex-Becker & Poliakoff Litigation Pro

    Kaufman Dolowich & Voluck LLP announced Tuesday it has added a new partner and experienced business litigator from Becker & Poliakoff who focuses on matters of product and professional liability in the medical and legal worlds, as well as bankruptcy, environmental claims, personal injury and insurance coverage disputes.

  • February 15, 2016

    Scalia’s Rapid-Fire Questioning Transformed Oral Arguments

    The incisive, often biting, wit of the late Justice Antonin Scalia often elicited laughs in the courtroom and outrage from the public, but his presence on the bench forever transformed how advocates present their arguments to the country’s highest court.

  • February 15, 2016

    Justice Scalia Leaves His Mark In Biting, Clever Dissents

    Former U.S. Supreme Court Justice Antonin Scalia, who died on Saturday after serving 29 years on the high court, once said that a good, hard-hitting dissent keeps you honest. By this metric, his fellow justices are honest indeed.

  • February 15, 2016

    Death Of Scalia Leaves High Court Docket In Limbo

    In the wake of U.S. Supreme Court Justice Antonin Scalia’s death Saturday at age 79, the fate of the high court’s pending cases — which involve hot-button topics like affirmative action, abortion, immigration, Obamacare and union fees — turns on whether the Senate will confirm a new justice this term or wait until a new president is elected, experts say.

  • February 15, 2016

    Scalia Leaves Mighty Legacy At High Court

    Justice Antonin Scalia, the longest serving active member of the U.S. Supreme Court who was best known for his keen wit, impeccable writing and staunch adherence to interpreting the Constitution according to its original meaning, died Saturday at age 79.

  • February 15, 2016

    GOP Attys Would Likely Back Srinivasan To Replace Scalia

    Politically moderate D.C. Circuit Judge Sri Srinivasan is considered among President Barack Obama’s top choices to replace the late Associate Supreme Court Justice Antonin Scalia, and despite calls from the Republican party to block any nominee, experts say he will likely have strong support among elite GOP lawyers.

  • February 15, 2016

    Scalia's Originalism Shifted The Constitutional Debate

    Justice Antonin Scalia wrote many important opinions for the U.S. Supreme Court, but he may be remembered more for an achievement that transcends any particular case: his long, partially successful campaign to kill the so-called living Constitution and give the text what he saw as its original meaning.