Medical Malpractice

  • November 30, 2015

    Nursing Home Chain To Pay $3M Over Ambulance Kickbacks

    A Texas nursing home chain will pay the federal government $3 million to settle allegations that it took kickbacks from ambulance companies to steer transportation calls for Medicaid and Medicare patients their way.

  • November 18, 2015

    Skelos Son Had 'Blowout' With Boss Questioning His Hours

    A man once tasked with supervising former New York Senate Majority Leader Dean Skelos' son Adam told jurors Wednesday that Adam Skelos launched into a profanity-laced tirade when the supervisor questioned his failure to appear for what prosecutors seeking to convict the pair on graft charges call a no-show medical malpractice insurance sales job.

  • November 13, 2015

    Texas Tort Reforms Don't Bar Medical Device Claims

    In a case of first impression, a Texas appeals court on Friday said personal injury claims against the manufacturer of a medical device accused of promoting off-label uses with kickbacks to doctors aren’t subject to the same requirements Texas imposes on health care liability claims.

  • November 10, 2015

    Fla. Ruling Tees Up Fight Over Access To Hospital Reports

    A recent Florida appeals court decision curbing a state constitutional amendment that requires broad access to incident reports of adverse medical events has set up a potential fight in the Florida Supreme Court over the reach of federal confidential reporting provisions — a fight that could ultimately limit the scope of malpractice cases.

  • November 6, 2015

    Law360 MVP Awards Go To Legal Aces From 86 Firms

    This week, Law360 will begin profiling those elite attorneys whose successes in high-stakes litigation, record-breaking deals and complex global matters earned them a spot on this year's list of MVP award winners.

  • October 29, 2015

    Pa. Judge Wants Atty DQ Affirmed In Medical Malpractice Row

    A Pennsylvania state judge defended disqualifying a Philadelphia-area attorney for witness intimidation in a malpractice suit that also saw her sanctioned $1 million for allowing an expert to reference the smoking history of a lung cancer victim, saying an appeal comes too late.

  • October 28, 2015

    Pa. High Court Says No To Arbitration In Nursing Home Row

    The Pennsylvania Supreme Court affirmed in a split decision Tuesday that the daughter of a woman who allegedly died due to inadequate nursing home care can go to trial with her claims against the facilities, saying the arbitration agreement she signed is unenforceable because it relied on voided procedures.

  • October 28, 2015

    Lewis Brisbois Wins Sanctions In Clinic's Deposition Demand

    A California state judge awarded sanctions to Lewis Brisbois Bisgaard & Smith LLP on Wednesday against a Los Angeles clinic accusing the firm of negligence in a medical malpractice lawsuit that left it facing a $6 million judgment, saying the clinic made an unnecessary deposition request.

  • October 26, 2015

    USAF Capt.'s Childbirth Injury Suit Appealed To High Court

    A father whose daughter was harmed by medical staff members' mistakes during childbirth is asking the U.S. Supreme Court to reexamine a 1950 case which bars him from suing the government as his wife was an active-duty U.S. Air Force Captain when she gave birth.

  • October 19, 2015

    J&J Unit Hit With $5.6M Verdict Over Calif. Risperdal Death

    A California jury on Friday hit Johnson & Johnson unit Janssen Pharmaceuticals with a $5.6 million verdict for the wrongful death of a man during a clinical study of the company's anti-psychotic medication Risperdal, after Janssen employees allegedly ignored abnormalities with his heart, his mother's attorneys announced Monday.

  • October 14, 2015

    Cardiologist Hits NYC Hospital With $10M Retaliation Suit

    An Upper East Side Manhattan hospital has been hit with a $10 million retaliation and breach of contract suit in New York state court by a cardiologist claiming he was fired after complaining that a new department chair took credit for procedures he didn’t perform.

  • September 29, 2015

    Doc Can't Be Sued For Lack Of Insurance, NJ Justices Say

    The New Jersey Supreme Court ruled Tuesday that a spinal surgery patient can’t bring a direct lawsuit against a doctor for lacking malpractice insurance, but he can assert negligence claims against the health care facility that granted the doctor practice privileges without it.

  • September 25, 2015

    Vet Tells 2nd Circ. $2M Suffering Award Is Much Too Small

    A New York trial judge's $2 million pain and suffering award for a veteran paralyzed as a result of surgery in a Veterans Administration hospital was so low that the Second Circuit ought to overcome its tendency not to disturb such rulings, his lawyer argued Friday, asking for at least $10 million.

  • September 24, 2015

    Pa. Justices To Mull Nursing Home Survival Claim Arbitration

    The Pennsylvania Supreme Court said Wednesday it would wade into a dispute over whether survival claims brought as part of a wrongful death suit against skilled nursing facilities can be severed for separate arbitration hearings.

  • September 22, 2015

    3rd Circ. Won't Revive Claims Against Personal Injury Firms

    The Third Circuit on Monday affirmed the dismissal of a woman's suit accusing personal injury firms Layser & Freiwald PC and Spencer & Associates of botching her previous medical malpractice case, calling the claims an expression of dissatisfaction with the settlement she agreed to and received.

  • September 16, 2015

    Doctor Accused Of Illegally Letting Assistants Do Surgeries

    The Los Angeles County District Attorney has indicted an orthopedic surgeon, his attorney and a host of associates in a $150 million insurance fraud scheme that included allowing physician’s assistants without medical degrees to perform surgeries, according to documents unsealed Wednesday.

  • September 14, 2015

    3rd Circ. Asked To Review Malpractice Suit Fair Notice Ruling

    A doctor who recently had a malpractice suit against him revived by the Third Circuit for a lower court’s failure to uphold a substantive Pennsylvania law, urged for en banc review Monday, arguing that a mandate to provide malpractice plaintiffs with advanced notice of an intent to dismiss conflicts with federal rules.

  • September 8, 2015

    Malpractice Award Subject To CIA Limit, NJ Court Says

    The New Jersey Appellate Division has preserved a $250,000 malpractice judgment in favor of a couple who pushed for a bigger award and over a hospital’s arguments that the imposition of vicarious liability violated the law.

  • September 2, 2015

    3rd Circ. Backs Fair Notice To Medical Malpractice Plaintiffs

    The Third Circuit on Wednesday found that a Pennsylvania rule requiring malpractice defendants to provide fair notice to plaintiffs of their intention to dismiss a suit for failure to timely submit a required certificate of merit is substantive law and must be honored by a federal court.

  • August 31, 2015

    5th Circ. Urged To Revive Malpractice Suit Against Hospital

    A plaintiff alleging that Baylor Healthcare System failed to stop an incompetent doctor from performing botched surgeries again urged the Fifth Circuit on Friday to reverse the dismissal of its suit, saying the defendants fail to demonstrate that a lower court didn’t err when applying a state provision in the federal case.