Medical Malpractice

  • February 27, 2017

    Calif. Nursing Home Must Pay Fees, Costs In Med Mal Row

    A California appellate panel ruled Monday that a nursing home that beat medical negligence and wrongful death claims brought by the estate of a deceased patient but was found liable for not keeping accurate records must pay $140,000 in legal fees and costs.

  • February 27, 2017

    Tenn. Court Revives Patient Suit Over Hospital Sex Assault

    A Tennessee appellate panel on Monday revived a lawsuit brought by a female patient against a health care facility where she was allegedly sexually assaulted by a security guard, saying that since the woman’s complaint didn't invoke the state’s health care law, she was immune from certain filing requirements.

  • February 27, 2017

    Woman Denied Early Win In Missed Birth Control Suit

    A woman who has accused a federally funded health provider of causing an unintended birth by botching a contraceptive injection can’t get a quick win in the case because of lingering questions about whether she consented to the allegedly mistaken shot, a federal court in Washington state has ruled.

  • February 27, 2017

    VA Beats Wrongful Death Suit Over Heart Surgery

    The U.S. Department of Veterans Affairs has shed a lawsuit over a man’s death following heart surgery after a North Carolina federal judge found there were no exceptional circumstances to excuse the widow’s late filing of her complaint.

  • February 24, 2017

    Negligent Hiring Claim Nixed In VA Staffer Sex Assault Suit

    A Kansas federal judge on Friday trimmed a negligent hiring claim asserted against the federal government in a suit accusing a former Veterans Affairs physician's assistant of sexual assault, saying the alleged assailant’s conduct was not shaped by federal law or policy.

  • February 24, 2017

    NY Court Revives Med Mal Suit Over Patient Suicide

    A New York appellate panel on Thursday reversed the dismissal of a medical malpractice and wrongful death suit accusing a hospital and medical staff of negligent care of a psychiatric patient who later committed suicide, saying the patient’s estate plausibly alleged a breach of the standard of care.

  • February 24, 2017

    Vanderbilt Hospital Prevails In Heart Surgery Med Mal Suit

    A Tennessee state appeals court on Thursday upheld a jury verdict clearing Vanderbilt University Medical Center of medical malpractice in connection with a patient’s heart surgery, saying the trial judge was right to deny the patient’s estate’s request for special jury instructions.

  • February 24, 2017

    ‘Black-Box Medicine’ Faces Headwinds Over Med Mal Liability

    The use of complex algorithms to sort through massive amounts of health data to improve medical care, or "black-box medicine," could expose providers to a new world of malpractice claims, experts say, and doctors may decline to adopt the technology without legal protections.

  • February 24, 2017

    Medtronic Hit With NJ Suit Over Shoddy Placement Of Device

    Medtronic Inc. has been slapped with a lawsuit in New Jersey state court by a woman alleging that a company representative did not properly consult a doctor on the insertion of a device to treat urological issues, saying she was forced to undergo surgery to fix the improper placement.

  • February 23, 2017

    Ohio Court Revives Med Mal Suit Over Botched Surgery

    An Ohio appeals court on Thursday revived a medical malpractice lawsuit against a Cleveland hospital and a surgeon, finding that the trial court unreasonably struck entire motion documents from a former patient based on a technicality and that there was sufficient evidence to take the case to trial.

  • February 23, 2017

    Doctor Can’t Nix Mishandled X-Ray Arguments, Court Says

    A doctor can’t avoid a liability argument over an allegedly botched artery X-ray procedure just because it differs from one specifically explained to a prelawsuit administrative panel of doctors, an Indiana appeals court ruled Wednesday.

  • February 23, 2017

    NY Court Nixes Win In Suit Over Mishandled Fetal Remains

    A New York state appeals court on Wednesday reversed a trial court victory for parents who alleged a Queens hospital mishandled the remains of their aborted fetus, ruling that existing questions of fact precluded that determination.

  • February 23, 2017

    Northwell Escapes Sanctions Over Discarded Stitch

    Northwell Health’s decision to throw out a patient’s stitch wasn’t a premeditated attempt to obscure discovery for a future medical malpractice and wrongful death suit, so the hospital shouldn’t be sanctioned for destroying evidence, a New York appeals court ruled Wednesday.

  • February 23, 2017

    Deficient Expert Report Dooms Minor's Sex Assault Claims

    A Texas appellate court has dismissed claims against Hickory Trail Hospital LP brought after a minor patient claimed a hospital employee entered her room and sexually assaulted her, finding expert reports in the suit were inadequate, and it overturned a trial court's decision to let the case move forward.

  • February 22, 2017

    Justices Mull Ky. Arbitration Rule In Wrongful Death Case

    Several U.S. Supreme Court justices took a dim view of the Kentucky Supreme Court’s refusal to send a nursing home wrongful death suit to arbitration, as it mulled Wednesday whether the Federal Arbitration Act bars a state-law contract rule requiring individuals with powers of attorney to explicitly authorize arbitration agreements.

  • February 22, 2017

    Mich. AG Hits Sports Doc With 22 More Sex Abuse Charges

    Michigan Attorney General Bill Schuette on Wednesday charged former USA Gymnastics and Michigan State University sports physician Lawrence G. Nassar with an additional 22 criminal counts tied to sexually abusing young female athletes.

  • February 22, 2017

    Ind. Med Mal Suit Revived Despite Adverse Advisory Ruling

    Despite an adverse advisory ruling from a state medical malpractice review panel, an Indiana appeals court on Wednesday revived a suit accusing a health clinic of failing to conduct a timely cesarean section, saying the parents did indeed present evidence to the panel supporting an alternate liability theory.

  • February 22, 2017

    Jury Awards $45.8M In Post-Childbirth Brain Damage Case

    A jury in Georgia state court on Tuesday awarded more than $45.8 million to a woman who suffered debilitating brain damage from a heart attack suffered just days after the birth of her child, finding the negligence of two obstetricians to be the cause of her injury.

  • February 22, 2017

    Vet’s Bias Suit Over Medical Pot Use Should Go, Judge Says

    A veteran’s claim that medical providers discriminated against him by denying a pain treatment due to his use of medicinal marijuana should be dismissed, an Oregon federal judge has recommended, saying the lawsuit was brought after the two-year limit to such claims.

  • February 22, 2017

    Texas Court Says UT Southwestern Doctors Can't Be Sued

    A Texas appeals court has thrown out claims that a group of doctors mistreated a 16-year-old with a brain tumor, holding the doctors established the claims should have been brought against their employer, The University of Texas Southwestern Medical Center at Dallas.