Medical Malpractice

  • January 5, 2017

    $52M Brain Injury Verdict Upheld Against U. Chicago

    A Cook County, Illinois, judge has upheld a jury’s $52 million medical malpractice verdict against the University of Chicago Medical Center over a baby born at the hospital with brain damage, a judgment the medical center said on Thursday it will appeal.

  • January 5, 2017

    NY Court Rejects Document Demands In Colon Surgery Suit

    A patient’s quest to hold her doctor liable for a colon surgery gone wrong hit a snag Thursday when a New York state appeals court affirmed a lower court’s denial of her bid for certain medical documents, finding the request overly broad and improper.

  • January 5, 2017

    NJ Appeals Court Undos Reduction In $1M Malpractice Award

    A New Jersey appeals court on Thursday overturned and sent back a lower court ruling in a case over an alleged unnecessarily repeated eye surgery that reduced a roughly $1 million medical malpractice verdict to $200,000, saying there was no miscarriage of justice despite a confusing jury charge.

  • January 5, 2017

    Doctor Escapes Malpractice Row Over Knee Surgery

    A Texas doctor on Wednesday escaped a medical malpractice suit related to a knee surgery he performed on a woman after a federal judge found the patient didn't have solid facts to back her cries of negligence.

  • January 4, 2017

    Evidence Issues Can’t Save Med Mal Suit, Mich. Court Says

    A Michigan appeals court has affirmed the dismissal of a medical malpractice suit accusing a doctor of botching a patient's spinal surgery, saying issues of whether the surgeon submitted an erroneous billing claim or the patient's history of opioid abuse didn't warrant reviving the case.

  • January 4, 2017

    Gov't, Calif. Hospital End Boy’s Brain Damage Case For $8.5M

    A California federal judge on Tuesday dismissed a medical malpractice suit accusing a Northern California hospital and medical staff from a nearby federally funded health clinic of being responsible for a newborn baby's brain damage after the parties agreed to settle the case for $8.5 million.

  • January 4, 2017

    Ind. Court Nixes Negligence Suit Against Clinic

    An Indiana appeals court has affirmed a decision tossing a negligence action brought by a patient who sustained a serious knee injury at an occupational therapy clinic, saying the litigation fell within the scope of the state’s medical malpractice law and the man didn’t fulfill the act’s requirements before suing.

  • January 4, 2017

    Sanctioned Philly Atty Says Adversary Abused Civil Process

    The Philadelphia-area defense attorney who in December saw the Pennsylvania Supreme Court put to bed a nearly $1 million sanctions order against her over expert witness testimony in a medical malpractice suit has accused the plaintiffs attorneys in the case of pursuing abusive litigation.

  • January 4, 2017

    North Carolina Hospital Escapes Negligence Suit

    A North Carolina appeals court saved a hospital from a negligence suit filed by the family of a woman who died after falling during an X-ray, saying that the incident is actually a medical malpractice claim and so requires missing expert testimony to be brought to court.

  • January 4, 2017

    Del. Hospital Can't Nix New Trial In Wrongful Death Case

    A Delaware hospital can’t escape a new trial in connection with a wrongful death suit because the medical center’s jury instructions in the first trial were confusing, a state appeals court has concluded.

  • January 3, 2017

    Alabama High Court Revives Med Mal Suit Over Miscarriage

    The Alabama Supreme Court on Friday revived a wrongful death and medical negligence suit lodged against a doctor in connection with a miscarriage at six weeks of pregnancy, citing its own 2011 ruling that determined the state’s wrongful death law covers unborn children from the moment of conception.

  • January 3, 2017

    Docs Off Hook In NY Med Mal Suit Over Plavix Prescription

    A primary care physician and cardiologist should be dismissed from a medical malpractice and wrongful death action, a New York appeals court has ruled, finding the doctors established that they either had no duty in allowing a deceased patient to temporarily stop taking heart medication or adhered to accepted practices.

  • January 3, 2017

    Litigation Privilege Shields Therapist, Calif. Court Says

    A California appeals court on Friday ruled that the state's litigation privilege prevents a woman and her adult children from bringing negligence claims against a therapist for disclosing information about the children as part of the woman's custody battle over her other children.

  • January 3, 2017

    Calif. Court Nixes Juror Misconduct Claim In Med Mal Case

    A California appeals court on Friday upheld the denial of a new trial in a woman's medical malpractice suit against an orthopedic surgeon, rejecting her assertion that a juror didn't give her case a fair chance.

  • January 3, 2017

    DC Atty Faces Disbarment Call For Breaking Fee-Split Deal

    In an unusual ethics case focused on a lawyer’s financial dealings with other attorneys rather than a client, a D.C. Court of Appeals conduct board has called for the disbarment of a lawyer who settled a medical malpractice case to his client's satisfaction but then short-changed two colleagues when dividing a six-figure settlement.

  • December 22, 2016

    Ill. Court Limits Talk Between Docs In Foot Surgery Row

    A woman suing her former foot doctor over complications from a surgery was partially successful in keeping the defendant from talking about the case with her current doctor, who is part of the same medical group, thanks to an Illinois appellate court ruling Wednesday.

  • December 22, 2016

    Fla. High Court Voids One-Sided Med Mal Arbitration

    Florida's Supreme Court on Thursday found two medical malpractice arbitration agreements between doctors and patients void because they selectively included provisions from the state's Medical Malpractice Act favorable only to the doctors and thus went against the legislative intent of the law.

  • December 22, 2016

    Wis. Patient Loses Bid To Undo Eye Surgery Consent Verdict

    A Wisconsin state court of appeals on Thursday upheld a jury’s finding that a doctor provided enough information for a patient to consent to a risky eye surgery, denying the patient’s argument that a special verdict form was restrictive and the trial court wrongly excluded certain testimony.

  • December 22, 2016

    Bronx Hospital Escapes Negligence Claim Over Broken Hip

    A New York state appeals court ruled Thursday that a Bronx hospital wasn’t liable for alleged medical malpractice in the case of an older woman who died after fracturing her hip because the doctors involved had already shaken the liability claims of the woman's estate.

  • December 22, 2016

    Insurer Needn't Cover Birth Injury Suit, 4th Circ. Affirms

    The Fourth Circuit on Thursday affirmed a South Carolina federal judge's ruling that First Professionals Insurance Co. doesn't have to defend or indemnify a doctor in a medical malpractice suit arising from injuries that a boy allegedly suffered during delivery.