Medical Malpractice

  • June 2, 2017

    Vanderbilt Hospital Must Face Emotional Distress Claims

    A Tennessee hospital can’t escape emotional distress claims in a lawsuit alleging the facility is liable for a child’s death, a state appeals court has ruled, as the family witnessed the care which allegedly led to the death.

  • June 1, 2017

    Colo. Appeals Court Rejects Wrongful Death Law Challenge

    A Colorado appellate court said Thursday it won’t hear an appeal of a trial judge’s determination that an unborn fetus does not qualify as a “person” under the state’s wrongful death law, saying the remaining claims deal with the same facts so allowing piecemeal appeals would be inefficient.

  • June 1, 2017

    Illegible Expert Report Sinks Patient’s Heart Attack Suit

    A lawsuit alleging that a man’s heart attack was caused by a doctor’s advice to stop taking aspirin prior to a colonoscopy was properly dismissed, a New York state appeals court ruled Wednesday, finding the doctor demonstrated the advice didn’t breach professional guidelines, while the patient's illegible and redacted expert affidavit could not be considered.

  • June 1, 2017

    Pot Use Evidence Didn’t Mislead Jury, Va. High Court Rules

    The Virginia Supreme Court on Thursday affirmed a jury verdict clearing a physician’s assistant of medical malpractice in connection with a patient’s brain aneurysm death, saying evidence that the patient used marijuana to alleviate her symptoms did not unfairly sway the jury.

  • June 1, 2017

    Md. Appeals Court Holds Clinic Liable For Doc's Bad Surgery

    A Maryland appellate court ruled Wednesday that a trial court was right to let a patient’s negligence suit against a women’s health clinic go forward even after the patient dropped claims against her doctor, a liability issue the panel noted was a first for a Maryland court to consider.

  • June 1, 2017

    Pa. Justices Urged To Free UPMC From Hepatitis Spread Suit

    The University of Pittsburgh Medical Center has urged Pennsylvania’s highest court to find that it could not be held responsible after a worker it fired for stealing prescription painkillers moved to a new job in Kansas where he allegedly spread hepatitis to a group of patients.

  • May 31, 2017

    Fla. Court Nixes $8.5M Verdict Against Doc Concierge Co.

    A Florida appeals court on Wednesday tossed an $8.5 million jury verdict in a suit accusing a physician concierge service of negligently employing a doctor who misdiagnosed a woman’s leg injury, saying the evidence didn’t support claims the patient relied on fraudulent marketing statements in choosing to join.

  • May 31, 2017

    5th Circ. Says 1-Page ERISA Description Counts As Plan

    The Fifth Circuit ruled Tuesday that a Texas woman will have to reimburse her retirement plan for medical expenses it covered before she secured a settlement in a medical malpractice case, agreeing with the lower court that the plan’s documents were sufficient to enforce its reimbursement policy.

  • May 31, 2017

    ‘Wrongful-Conduct’ Rule Nixes Mich. Patient OD Death Suit

    A Michigan appellate panel on Tuesday affirmed the dismissal of a medical negligence suit accusing a drug rehabilitation facility and an employee of being partly responsible for a patient’s drug overdose death, saying the “wrongful-conduct” rule applies because of the patient’s use of illegal drugs.

  • May 31, 2017

    La. Appeals Court Nixes Spinal Injury Suit Against University

    A Louisiana appellate court ruled Wednesday that a trial court was right to throw out a patient’s medical malpractice suit against Wayne State University and the physical therapist she blamed for her loss of motion in her legs, ruling that she had failed to provide expert testimony to support her claim.

  • May 31, 2017

    Texas Court Tosses Patient’s Suit Over Leftover IV Tube

    A suit alleging a Texas hospital committed medical malpractice by neglecting to remove an IV from a patient's arm was properly dismissed, a state appeals court ruled Wednesday, as the expert report failed to specify how the facility’s staff failed to perform their jobs.

  • May 31, 2017

    NJ Nursing Home Reaches $888K Deal Over Service Claims

    A New Jersey nursing home has agreed to pay a total of $888,000 to the United States and the state of New York to settle allegations that the facility billed New York's Medicaid program for materially substandard or worthless services, acting U.S. Attorney William E. Fitzpatrick announced Wednesday.

  • May 30, 2017

    Lewis Brisbois Adds 7 Health Care, Insurance Defense Attys

    Seven new health care and insurance defense attorneys are joining Lewis Brisbois Bisgaard & Smith LLP in Newark, New York and Hartford, Connecticut, to boost its northeast health care practice, the firm announced Tuesday, led by partner Malinda A. Miller from LeClairRyan.

  • May 30, 2017

    Pa. Superior Court Backs Doctors' Win In Wrongful Death Row

    The estate of a woman who died from an aortic aneurysm can’t sue for medical negligence despite allegations her doctors failed to tell her about the condition because her claims don’t fall within the statute of limitations, a Pennsylvania appellate panel ruled Friday.

  • May 30, 2017

    Fla. Drug Treatment Clinics Hit With Suit Over Patient Suicide

    Three residential drug treatment clinics were sued in Florida federal court Friday in a complaint alleging the clinics failed to properly treat a patient’s mental health issues which purportedly contributed to his suicide.

  • May 30, 2017

    Ga. High Court Says Med Mal Witness Properly Nixed

    The Georgia Supreme Court on Tuesday unanimously overturned a lower appeals court’s revival of a suit accusing a doctor of providing substandard medical treatment purportedly causing a man’s paralysis, saying the patient deliberately concealed the name of a material witness and therefore that witness can’t testify.

  • May 30, 2017

    Nurse Practitioner Qualifies As Expert, Ind. Court Says

    A nurse practitioner can be admitted as an expert to testify on the possible source of car crash injuries in a personal injury case, an Indiana appeals court ruled Tuesday.

  • May 29, 2017

    The Firms That Lost The Most Ground In 2016

    Four firms saw their roster of U.S.-based attorneys shrink by more than 10 percent last year, according to the latest Law360 400. In some cases, a dramatic exodus can be devastating, but experts say there can also be a silver lining.

  • May 29, 2017

    Law360 Reveals 400 Largest US Firms

    The Law360 400 features the largest U.S.-based law firms and vereins with a U.S. component, as measured by domestic attorney headcount.

  • May 29, 2017

    The Firms That Grew Fastest Without Merging

    Often with one hire at a time, five firms drove double-digit growth last year, according to the latest Law360 400. Here’s how they added headcount without putting their culture at risk.

Expert Analysis

  • A Law Firm’s Guide To Social Media

    Julie Bagdikian

    Bear in mind that the internet seldom forgets and never forgives, and you are just one screen grab from a meme. A law firm's core messages and unique selling points must be clearly determined before embarking on a social media strategy, says Julie Bagdikian of The Pollack PR Marketing Group.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.