Medical Malpractice

  • December 19, 2017

    Wash. Court Backs Doc’s Trial Win Over Postoperative Care

    A Washington state appellate court declined Monday to overturn a jury verdict in favor of a doctor accused of missing a patient’s fractured shoulder after surgery, ruling that the trial court judge was right to accept testimony and a report from the doctor’s expert.

  • December 18, 2017

    Informed Consent Claim Fizzles In Calif. Med Mal Appeal

    A California state appeals court on Friday tossed a medical malpractice suit accusing a doctor of partially severing a woman’s nerve during organ removal surgery, rejecting the patient’s argument that the doctor failed to properly inform her about the risks and complications of the surgery.

  • December 18, 2017

    Feds Seek Tribal Hospital's Exit From Wrongful Death Suit

    The government told an Arizona federal court Monday that it’s the only proper defendant in a wrongful death suit brought over a woman who died after a fall at Fort Defiance Indian Hospital, urging the court to dismiss the hospital and several of its staff from the case.

  • December 18, 2017

    Pa. Appeals Court Backs Nursing Home In Patient Care Suit

    A Pennsylvania appellate court on Monday affirmed the dismissal of a suit accusing a nursing home of medical negligence, saying the late patient’s husband failed to prove that his remaining claims of breach of contract and fraud should be revived.

  • December 18, 2017

    Ill. Court Affirms Nix Of Patient's Leg Amputation Suit

    An Illinois appellate panel tossed Friday a suit alleging that a hospital and doctors' failure to timely refer a patient to a vascular surgeon caused his leg to be amputated, saying the patient was treated by a vascular surgeon when the leg was still salvageable.

  • December 18, 2017

    NJ Father, Son Docs Get Prison Over $890K Medicare Scam

    An osteopathic doctor and his chiropractor son were each slammed with prison sentences by a New Jersey federal court for defrauding Medicare out of about $890,000 by having unqualified individuals provide physical therapy at their medical practice, authorities announced Monday.

  • December 15, 2017

    RI Justices OK Doc’s Trial Win In C-Section Injury Suit

    The Rhode Island Supreme Court on Friday affirmed a jury verdict clearing a doctor of medical malpractice in connection with an injury a woman suffered during an emergency Cesarean section, saying conflicting expert witness testimony was not enough to warrant a new trial.

  • December 15, 2017

    Md. Court Affirms Discipline For Doc Who Sold Scrips At Bar

    A physician who sold painkiller prescriptions to patients at a restaurant and bar had his two-year probation for unprofessional conduct upheld by a Maryland appeals court Wednesday after it found that the evidence supported the state board’s disciplinary decision.

  • December 15, 2017

    Texas High Court Frees Doctors From Defamation Suit

    Texas’ high court on Friday freed four University of Texas doctors from a defamation suit brought by a medical resident, rejecting the resident's attempt to skirt a state law that prevents him from naming both the state university and its employees in the suit.

  • December 15, 2017

    Ala. High Court Revives Suit Over ‘Heartless’ Doc Comments

    The Supreme Court of Alabama on Friday revived a suit alleging that doctors at a University of Alabama health facility made "heartless" remarks about an elderly cancer patient, including allegedly saying that doctors were “wasting resources” by treating her.

  • December 15, 2017

    Gastroenterologist Hit With $4.8M Award Over Patient's Death

    An Illinois jury awarded $4.8 million Thursday to the husband of a woman who died after being treated by a gastroenterologist who allegedly failed to live up to the standard of care.

  • December 15, 2017

    A Chat With Orrick COO Laura Saklad

    In this new monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The first conversation is with Laura Saklad, chief operations officer for Orrick Herrington & Sutcliffe LLP.

  • December 15, 2017

    Doc In Spine-Surgery Row Can't Appeal To Texas High Court

    The Texas Supreme Court declined Friday to hear appeals from both a doctor and the estate of a deceased patient suing him for allegedly bungling a spinal surgery, refusing to toss the suit and leaving in place an appellate ruling that the family must submit an amended expert report.

  • December 15, 2017

    The Biggest Pennsylvania Court Decisions In 2017

    The Pennsylvania judiciary logged another busy year in 2017 as members of both the appellate and trial benches handled major cases, including a wholesale reshaping of environmental law in the state and a string of eye-popping verdicts in pharmaceutical product liability cases.

  • December 14, 2017

    Ohio State Univ. Hospital Hit With Cancer Death Suit

    The family of an Ohio man filed a wrongful death suit in state court Tuesday alleging that Ohio State University Wexner Medical Center’s poor treatment of his bladder cancer led to his death in 2016.

  • December 14, 2017

    NY High Court Says 'Wrongful Birth' Claims Start At Birth

    New York’s highest court ruled Thursday in favor of two couples claiming they wouldn’t have had children through a fertility clinic had they known the egg donor was a genetic defect carrier, saying the statute of limitations began running at birth, rather than the date of the alleged medical malpractice.

  • December 14, 2017

    Texas Panel Flips Dismissal Bid Nix In Patient Death Suit

    A Texas appellate panel said Thursday a trial judge shouldn't have denied a dismissal bid in a medical malpractice suit alleging a doctor caused a patient's death by failing to timely order exploratory surgery, saying the estate’s expert testimony was "conclusory and inconsistent."

  • December 14, 2017

    NJ Justices Say Conference Needed Over Med Mal Testimony

    The New Jersey Supreme Court reinstated a medical malpractice lawsuit against Newark Beth Israel Medical Center that had been tossed over the late submission of an expert witness' statement, ruling on Thursday that the parties had been entitled by law to a conference to discuss any concerns about the testimony.

  • December 14, 2017

    Harris County Sues Pharma Cos. Over Opioid Epidemic

    Harris County, Texas, filed a lawsuit in state court in Houston on Wednesday against 18 pharmaceutical companies and four local doctors, alleging they are collectively responsible for contributing to the opioid epidemic and are liable for covering the costs of responding to it.

  • December 14, 2017

    Health Provider Must Face Insurer Suit Over Client Death

    An Illinois federal judge ruled Wednesday that a mental health care provider will have to face a suit by Philadelphia Indemnity Insurance Co. alleging it should not have to defend the provider in an underlying suit over a patient’s suicide.

Expert Analysis

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.