Medical Malpractice

  • September 25, 2017

    One Of Two NY Hospitals Let Out Of Vision Loss Suit

    A New York state court judge has decided to throw out a patient’s claims against Nassau University Medical Center, but ruled that his case against another Long Island university hospital could move forward, saying the patient had made a reasonable argument that the hospital contributed to his permanent left-eye blindness.

  • September 22, 2017

    Fla. Nursing Home Hit With 2 More Suits Over Irma Deaths

    A Florida nursing home shut down by the state after residents died in the aftermath of Hurricane Irma was hit with two more negligence lawsuits Friday, as the death toll was increased to 11.

  • September 22, 2017

    Dignity Health Escapes Indemnity Co.'s Med Mal Claims

    A longshore mutual insurance company on Thursday lost its suit against a hospital that performed surgery on one of its member’s workers who then died, with the California federal court saying an insurer doesn’t have standing to bring wrongful death claims.

  • September 22, 2017

    NY Court Orders Hospital To Produce Anesthesia Contract

    A New York state appeals court has ruled that a Long Island medical center must turn over a contract with the founder of an anesthesia practice in a suit brought by a patient who claims his anesthesia was bungled, overturning a lower court order protecting the document from discovery.

  • September 22, 2017

    Del. Judge Says Doctor Off The Hook For Med Mal Suit

    A Delaware state judge on Thursday tossed medical negligence claims against a radiologist because the family of a patient who died sent a notice that they intended to sue to the wrong place, allowing the statute of limitations to expire.

  • September 22, 2017

    Toe Amputee Agrees To Drop $3M Med Mal Suit, For Now

    A North Carolina man agreed Thursday to drop for the time being his $3 million medical malpractice suit in Virginia federal court in which he had accused a doctor of failing to properly treat a foot injury leading to amputation of several toes, allowing the case to be dismissed without prejudice.

  • September 22, 2017

    Indian Health Service Says Parents Rushing Baby Injury Row

    The Indian Health Service and the Chickasaw National Medical Center told an Oklahoma federal court in three separate filings this week that they are doing their best to respond to the flood of requests made by parents alleging they suffered expenses due to their child’s brain injury suffered at the center.

  • September 21, 2017

    Ill. Court OKs Toss Of Man's Suit Over Wife's Heart Attack

    An Illinois appellate panel affirmed the dismissal of a man's malpractice suit against a hospital and doctor after his wife's death from a heart attack, finding Wednesday that the physician's care was appropriate and some of the claims in the case were too late.

  • September 21, 2017

    Patient Wins New Trial On Antibiotics Malpractice Claims

    A woman who reported sustained dizziness after taking an antibiotic was granted a retrial Tuesday after an Arizona state appellate court found that jury instructions from her original malpractice trial could have prejudiced the jury in the doctor’s favor.

  • September 21, 2017

    Carnival Cruise Sued Over Passenger's Kidney Failure

    Carnival Cruise Lines was hit Wednesday in Florida federal court with a lawsuit by a passenger who alleges that she suffered a severe illness aboard the ship Imagination and went on to suffer kidney failure and septic shock as medical personnel and crew failed to treat her adequately and order an emergency evacuation.

  • September 21, 2017

    Texas Appellate Court Ends Suit Over Nursing Home Injuries

    A Texas state appellate court Wednesday declined to revive a suit accusing a nursing facility of transferring an elderly patient without her consent and allowing her to be injured, ruling that the suit lacked an expert report and that the patient’s daughter had not made a case that she suffered damages.

  • September 21, 2017

    FDA Warns Of Liver Damage, Deaths With Intercept Drug

    The U.S. Food and Drug Administration warned on Thursday that Intercept Pharmaceuticals Inc.’s liver disease drug Ocaliva is being misdosed in some patients, causing an increased risk of serious liver injury and death, and that 19 patient deaths have been reported.

  • September 21, 2017

    Woman Sues Georgia Dermatology Clinic Over Facial Burns

    A Louisiana woman filed suit in Georgia federal court against an Atlanta-area dermatology clinic that she claims gave her second degree burns and caused permanent scarring to her face and neck during a laser hair removal session.

  • September 20, 2017

    Fla. Pulls License From Nursing Home Where 9 Died After Irma

    The state of Florida on Wednesday shut down nursing home operations at a Broward County facility under investigation after nine of its residents died during the aftermath of Hurricane Irma, while accusations and litigation continued to build up over the incident.

  • September 20, 2017

    Miami Woman Gets 4 Years For Spa Silicone Injection Scheme

    A Florida federal judge Tuesday sentenced a local woman to more than four years in prison for her part in a conspiracy to inject illicit silicone smuggled from Colombia into the buttocks of hundreds of spa customers.

  • September 20, 2017

    Fla. Doctor Gets 8 Years For Role In $4.8M Medicare Fraud

    A Florida doctor was sentenced Wednesday to eight years and one month behind bars for his role in a six-year, $4.8 million health care fraud scheme that involved the submission of false Medicare claims and illegal prescriptions of drugs including addictive opioids, the U.S. Department of Justice said.

  • September 20, 2017

    Caution In Mixing Methadone, Benzos Can Reduce Risk: FDA

    The U.S. Food and Drug Administration on Wednesday said that doctors shouldn’t withhold opioid addiction medications from patients taking drugs that depress the central nervous system, such as sleep aids and muscle relaxers, saying that while the combined use of these drugs is risky, opioid addiction is even worse.

  • September 20, 2017

    Gov't Hospital Missed Fatal Pneumonia, Suit Says

    The wife of a deceased patient filed an $8 million wrongful death suit against the federal government Wednesday in South Carolina federal court, claiming that a government-funded clinic failed to diagnose her husband with pneumonia, resulting in his death.

  • September 20, 2017

    Pa. Firm Can't Keep Misconduct Suit, Fee Spat Separate

    A Pennsylvania appellate court shut down an attempt by law firm Harvey Pennington Ltd. to keep its suit against a medical malpractice attorney from being transferred out of Philadelphia, ruling that the trial judge was justified in coordinating the case with a related suit in a nearby county.

  • September 19, 2017

    Pharmacy Solely Liable For Meningitis Outbreak, Clinic Says

    A Maryland surgical center’s role in a deadly 2012 meningitis outbreak is superseded by that of the pharmacy that made the tainted products, Box Hill Surgery Center LLC told a Massachusetts federal judge overseeing multidistrict litigation Monday.

Expert Analysis

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • 4 Female Perspectives On BigLaw Leadership

    Regina Pisa

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?