Medical Malpractice

  • July 26, 2017

    Woman Admits To Running Cancer Clinic Scam

    The owner of an Alabama-based clinic pled guilty Tuesday to charges she defrauded patients by pretending to be a naturopathic medical practitioner with experience in treating cancer, despite having no such credentials.

  • July 26, 2017

    Pa. Justices Snub Appeal Over Atty's $45K Sanction

    The Pennsylvania Supreme Court said Tuesday it would not hear an appeal of a decision upholding a nearly $45,000 sanction on a defense attorney who sent a purportedly intimidating letter to the employer of an opponent’s expert witness in a closely watched medical malpractice case.

  • July 26, 2017

    Flawed Trial Testimony Dooms Claims Against Nursing Home

    A Mississippi state appeals court on Tuesday refused to revive a suit accusing a nursing home of contributing to a resident’s death from sepsis, leaving in place a directed verdict in the home’s favor and agreeing with the trial judge that the resident’s family had not made a case against the home.

  • July 25, 2017

    Tenn. Court Says Presuit Notice Is OK, Revives Med Mal Suit

    A Tennessee appeals court on Tuesday revived a medical malpractice suit accusing a hospital of being responsible for injuries a patient obtained during hip surgery, saying the patient had met the state's presuit notice requirements that were recently clarified in a state high court ruling.

  • July 25, 2017

    10th Circ. Affirms Arbiter's Fee Award Against Nursing Home

    The Tenth Circuit ruled Tuesday that a New Mexico nursing home hadn’t provided a valid reason to throw out an arbiter’s decision to award the estate of a deceased former resident court costs and fees in her case against the nursing home.

  • July 25, 2017

    Mich. Hospital Says US Gov’t On Hook For Med Mal Case

    A Michigan hospital is demanding federal coverage for a medical malpractice case over a newborn’s developmental problems, saying in its own suit Monday that a government agency and its midwives, not hospital workers, were responsible for the alleged improper care.

  • July 25, 2017

    Patient Consent Irrelevant To Colonoscopy Suit, Court Says

    A New Jersey appeals court on Tuesday overturned a defense verdict in a woman’s suit accusing a doctor of causing complications due to an improperly performed colonoscopy, ruling that evidence of her “informed consent” to the procedure was improperly admitted to the jury.

  • July 25, 2017

    NJ Doc Can't Resume Work Without Restrictions, Court Says

    A New Jersey state appellate court decided Monday not to remove restrictions on a New Jersey doctor’s medical license, saying that an administrative board had not abused its authority in limiting her ability to practice medicine after she was diagnosed with a neurological disorder.

  • July 25, 2017

    Vet Sues VA For $11M Over Gait-Altering Hip Replacement

    A veteran has sued the federal government for $11 million, alleging that a Miami VA hospital improperly performed a hip replacement, causing him to suffer a discrepancy in the length of his legs that led to back pain and altered walking.

  • July 24, 2017

    Nursing Home Death Suit Can’t Be Arbitrated: Ohio Court

    An Ohio appeals court on Monday reversed a trial judge’s ruling sending to arbitration a suit accusing a nursing home of being responsible for a patient’s death, saying the patient’s estate’s breach-of-contract claim was a veiled attempt to assert an untimely wrongful death claim.

  • July 24, 2017

    Med Mal Insurer Beats Bad Faith Claim In Patient Death Case

    A medical malpractice insurance company that helped defend a doctor against a wrongful death suit did not handle the claims of the patient’s estate in bad faith, a Kentucky appeals court ruled Friday, saying the patient’s estate did not meet the state’s rigorous standards for proving such a claim.

  • July 24, 2017

    Texas Panel Finds Flaw In Spinal Surgery Expert Report

    A Texas appellate court held Friday that the family of a patient who died during spinal surgery at a sports medicine and spinal clinic didn’t adequately link alleged negligence by the doctor with the patient’s death.

  • July 24, 2017

    Ind. Court Revives Suit Over Doc’s Child Abuse Report

    An Indiana state appellate court ruled Friday that the state’s Strategic Lawsuit Against Public Participation laws did not protect a doctor reporting suspected child abuse to social services, allowing a family to proceed in their case against a doctor who told the Department of Child Services she suspected the parents were deliberately inducing symptoms in their daughter.

  • July 24, 2017

    Hospital Fall Suit Needed Expert Witness, Mich. Panel Affirms

    A Michigan appeals court has upheld the dismissal of a man’s suit alleging that a hospital's failure to respond to his calls for assistance led to injuries after he fell while attempting to walk unassisted, ruling that his allegations constituted medical malpractice, and thus required presuit notice and expert testimony.

  • July 21, 2017

    The Best Law Firms For Female Partners

    Although women have made some strides toward gender parity in the lower ranks of law firms, breaking into the equity tier remains elusive. These 20 firms, however, are leaders in advancing equality at the top, earning them the designation of Law360 Ceiling Smasher.

  • July 21, 2017

    The Best Law Firms For Female Attorneys

    While the legal industry continues to struggle with gender parity, this year’s Glass Ceiling Report shows that some firms are ahead of the rest. Here, Law360 reveals its third annual ranking of the best law firms for female attorneys, based on their representation of women at the nonpartner and partner levels.

  • July 21, 2017

    Could An NFL Diversity Rule Be A BigLaw Game-Changer?

    In a bid to elevate more women to positions of authority, law firms are taking a page from the National Football League's playbook.

  • July 21, 2017

    BigLaw Bias Suits New Wild Card In Fight For Gender Equity

    As gender bias suits pile up against law firms, it remains to be seen how they will impact recruiting in the industry. But some legal experts say firm leaders may want to look at the complaints as blueprints for change.

  • July 21, 2017

    The 2017 Law360 Glass Ceiling Report

    U.S. law firms have long been overwhelmingly dominated by men, particularly at the partnership level, and Law360’s latest Glass Ceiling Report shows that recent progress has been — at best — only incremental.

  • July 21, 2017

    How 4 Firms Are Moving The Needle On Gender Diversity

    A handful of law firms of various sizes and types are outpacing their peers on including women in their ranks. Here’s why four of them are positioned toward the front of the pack.

Expert Analysis

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Opinion

    Why Whole Woman’s Health Still Matters 1 Year Later

    Nancy Northup

    One year ago the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt decisively rejected the widespread anti-choice tactic of restricting women’s reproductive rights with sham legislation. A new lawsuit recently filed in Louisiana reveals exactly why that ruling is the most important decision on abortion rights in a generation, says Nancy Northup, president and CEO of the Center for Reproductive Rights.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Provider Concerns When Recommending Medical Marijuana

    Michaela Poizner

    When it comes to medical marijuana, health care providers are in an awkward — but not impossible — spot. In many cases, state and federal laws governing medical marijuana are in direct conflict, leaving providers who want to encourage their patients to use marijuana on shaky legal ground, says Michaela Poizner of Baker Donelson.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Evolution Of Opioid Suits And Insurance Coverage

    Adam Fleischer

    In the midst of the worst drug crisis in American history, two key developments this month may have far-reaching impacts on both the underlying liability claims as well as the insurers to whom the defendants are looking to finance hundreds of millions of dollars in exposure, says Adam Fleischer of BatesCarey LLP.