Medical Malpractice

  • March 3, 2017

    Doc Must Provide Records To Med Board, Calif. Panel Says

    A California appeals court ruled Thursday that a neurosurgeon cannot avoid a medical board’s subpoena of a patient’s health records, saying the board's interest in investigating questions about a doctor’s quality of care outweighs any privacy violation the subpoena poses.

  • March 3, 2017

    Appeals Court Brings Back Doc’s NYC Health Defamation Suit

    A New York appeals court on Thursday revived a physician’s defamation suit against New York City Health and Hospitals Corp., finding it wasn’t time barred because it was filed six months after a federal court reconsidered its dismissal of the suit.

  • March 2, 2017

    Jury Awards $13.75M In Med Mal Case Against SC Hospital

    A South Carolina state jury on Thursday awarded a woman $13.75 million following a medical malpractice trial, finding that a hospital provided negligent medical treatment for sepsis that caused her to become a triple amputee.

  • March 2, 2017

    Ky. House Narrowly Passes Bill To Create Med Mal Panels

    In a close vote, the Kentucky House of Representatives on Wednesday advanced a bill that would require medical malpractice claims filed against doctors and hospitals to be first reviewed by expert advisory panels as state lawmakers hope it will create speedier resolutions and reduce frivolous lawsuits.

  • March 2, 2017

    Idaho High Court Won't Revive Missed Cancer Diagnosis Suit

    The Supreme Court of Idaho declined to revive a lawsuit accusing a medical provider of misdiagnosing a cancer tumor as a wart, affirming a lower court’s finding that the suit was filed too late based on when the cancer would have been detectable.

  • March 2, 2017

    NJ Doc Indicted For Peddling Pain Pills That Led To Fatality

    A New Jersey family doctor has been indicted for illegally selling high-dose prescriptions of the painkiller oxycodone to known drug addicts and dealers, among other patients, one of whom fatally overdosed, state Attorney General Christopher S. Porrino said Thursday.

  • March 2, 2017

    Hospital's Placing On Verdict Slip Can't Revive Med Mal Case

    A Pennsylvania appeals court on Wednesday refused to revive malpractice claims against a doctor after the plaintiff argued that a University of Pittsburgh Medical Center facility, a settling defendant in the case, was accidentally placed on a verdict sheet in the case.

  • March 1, 2017

    Conflicting Evidence Revives NY Medical Malpractice Suit

    A New York appellate panel on Wednesday reversed the dismissal of a medical malpractice suit accusing North Shore University Hospital of failing to properly diagnose a man’s compartment syndrome, saying the hospital’s expert witness testimony was contradicted by the medical records.

  • March 1, 2017

    House Bill To Cap Med Mal Damages Clears Committee

    A House committee on Tuesday advanced a tort reform bill that would put a nationwide cap on noneconomic damages in medical malpractice cases arising out of federally funded health care and would limit the fees plaintiffs attorneys can receive for winning such suits.

  • March 1, 2017

    11th Circ. Revives Heart Surgery RICO Suit Against Ala. Doc

    The Eleventh Circuit on Wednesday vacated the dismissal of a proposed class action claiming an Alabama doctor worked with various medical centers to perform unnecessary heart surgeries, finding the affected patients had sufficiently supported their Racketeer Influenced and Corrupt Organizations Act claims.

  • March 1, 2017

    NY Court Reverses Wilson Elser Fine In Med Mal Case

    A New York state appeals court on Wednesday reversed a fine of nearly $24,000 imposed on Wilson Elser Moskowitz Edelman & Dicker LLP for supposedly inappropriate questions asked by an attorney in a medical malpractice case that ultimately led to a mistrial, finding her queries were not unreasonable.

  • March 1, 2017

    9th Circ. Revives Insurer's Malpractice Coverage Suit

    The Ninth Circuit on Tuesday found a malpractice insurer does not have to have a settlement claim in hand to have standing in order to force a doctor and patient into arbitration.

  • March 1, 2017

    Feds Settle Cancer Death Suit In Va. For $975K

    A Virginia federal judge approved a $975,000 settlement of a lawsuit that accused doctors at a Navy medical center of causing a woman’s death by failing to notice a breast cancer tumor before it metastasized.

  • March 1, 2017

    Appeal Nixed In Fee Fight Over $8M Medical Malpractice Suit

    A California appeals court on Tuesday backed a trial court’s finding that a 50 percent contingency fee agreement for two lawyers in a medical negligence case that settled for $8 million was invalid, ruling that evidence of fraud voided the contract.

  • February 28, 2017

    Va. Court Says Med Mal Row Not Subject To Tort Reform Law

    A Virginia appellate court on Tuesday affirmed an administrative ruling by the state workers’ compensation commission that held that a state law intended to quickly resolve certain types of medical malpractice claims didn’t apply to a suit filed over an infant’s injury, saying the evidence supported the commission’s decision.

  • February 28, 2017

    Philly Hospital Can't Overturn $10.1M Med Mal Verdict

    A Pennsylvania appeals court on Tuesday affirmed a $10.1 million jury verdict in favor of a woman who sued a Philadelphia hospital over her infant's untimely bacterial meningitis diagnosis, rejecting the hospital's argument that the woman's expert medical testimony was speculative and based solely on conjecture.

  • February 28, 2017

    Ga. Justices Upend $3.7M Verdict Over Dental Office Assault

    A $3.7 million jury verdict against an Atlanta dentist’s office over a nurse anesthetist’s molestation of a patient was thrown out Monday by the Georgia Supreme Court, which ruled that the office could not have predicted that staffer’s conduct.

  • February 28, 2017

    NJ Court Revives Gastric Sleeve Surgery Med Mal Suit

    A New Jersey appeals court on Tuesday revived a medical malpractice suit accusing a surgeon of botching a stomach-shrinking “gastric sleeve” surgery, saying the patient made a good-faith effort to submit expert testimony and should be given another chance.

  • February 28, 2017

    Texas Senate Panel Advances Bill To End Wrongful Birth Suits

    A Texas Senate committee on Monday signed off on a bill that would bar so-called wrongful birth actions against doctors accused of failing to warn parents about potential birth defects and genetic disorders, sending the proposal to the full Senate.

  • February 27, 2017

    Cedars-Sinai Beats Surgeon’s Challenge Over Suspension

    A California appellate court on Monday affirmed the suspension of a Cedars-Sinai Medical Center physician in connection with an allegedly botched spinal surgery, saying the surgeon can’t bring claims arising out of protected activity such as hospital peer reviews.