Medical Malpractice

  • September 13, 2017

    Ohio Court Affirms Med Mal Award In Patient Death Suit

    A multimillion-dollar jury award was affirmed on Wednesday in a suit accusing an emergency room doctor of negligently treating a woman’s brain swelling, which purportedly caused her death, with an Ohio appeals court finding the evidence and expert testimony supported the verdict.

  • September 13, 2017

    Ind. Court Won't Disturb Damages Ruling In Med Mal Case

    The parents of a man who died due to allegedly negligent emergency room treatment can’t get additional damages from Indiana’s Patient Compensation Fund, a state appeals court ruled Wednesday, saying evidence presented by the fund regarding the patient’s life expectancy was properly allowed.

  • September 13, 2017

    Iowa Panel Says Wrongful Death Focus Can't Change Mid-Suit

    An Iowa state appellate court ruled Wednesday that a patient’s estate, which claimed that the patient died from a lethal combination of drugs that should not have been prescribed, could not switch targets mid-suit, saying that the trial judge was right to say doing so would substantially change the case.

  • September 13, 2017

    Univ. Of Miss. Hospital Avoids Revival Of Patient-Release Suit

    A Mississippi state appellate court declined to revive a suit accusing the University of Mississippi Medical Center of releasing a patient too early, saying the lower court judge was right to find the expert witness for the patient’s estate “unreliable” and to hand a win to the center during a bench trial.

  • September 13, 2017

    Nursing Home Can't Show Patient Incapacity In Arbitration Bid

    An en banc Mississippi state appellate court said Tuesday that a nursing home cannot force a wrongful death suit into arbitration, ruling the patient’s wife did not have the authority to sign an arbitration agreement because the patient’s doctor had not directly stated the patient was unable to make decisions for himself.

  • September 12, 2017

    Ohio High Court Says State Law Protects Doc's Apology

    The Supreme Court of Ohio on Tuesday ruled that the state’s “apology law” prevents a doctor’s admission of fault from being used in a medical malpractice suit if made in the context of an apology to the patient or family, resolving a split between Ohio appellate courts.

  • September 12, 2017

    Pa. Court Tosses ‘Excessively Rambling’ Med Mal Appeal

    A Pennsylvania appeals court affirmed Tuesday a jury verdict clearing health care providers of failing to diagnose a man’s cancer, saying an “excessively rambling” appellate brief could’ve warranted dismissal of the appeal for violating court rules regarding word counts but was nonetheless without merit.

  • September 12, 2017

    ‘Excusable Neglect’ Revives Med Mal Suit, Ind. Court Says

    An Indiana appellate panel on Tuesday revived a suit accusing a doctor of botching the removal of a man’s cancerous rib, saying a court refiling fee that was not timely paid arose from a scheduling error that constituted “excusable neglect.”

  • September 12, 2017

    New Firm Adds Cleveland Trial Pro To Litigation Team

    The newly formed plaintiff advocacy firm DiCello Levitt & Casey LLC has a added veteran litigator with more than 25 years of trial experience as a partner in its Cleveland office.

  • September 12, 2017

    No New Trial For Doc Who Lied About Cosmetic Procedures

    A Chicago dermatologist convicted of passing off cosmetic procedures as medical treatments to insurance companies is not entitled to a new trial, an Illinois federal judge ruled Monday, saying that there was evidence to support a conviction and that a prosecution overstep had not resulted in an unfair trial.

  • September 11, 2017

    New York Pays $22M To Boxer's Family In Brain Injury Suit

    New York state reached a $22 million settlement Friday with the family of boxer Magomed Abdusalamov in a personal injury suit over his handling by medical officials after a 2013 fight at Madison Square Garden, which left him with a devastating brain injury.

  • September 11, 2017

    Pa. Panel Denies Appeal Over Unnecessary Surgery Claim

    A Pennsylvania state appellate court on Friday denied a request from a patient’s estate for a second appeal after the panel agreed with the lower court that the suit, which accused a doctor and hospital of performing an unnecessary procedure, was time-barred.

  • September 11, 2017

    Pardon Can’t Restore Nurse’s License, Del. Court Says

    A nurse who was convicted for impersonating a doctor to write herself prescriptions was unable to convince a Delaware court to restore her nursing license despite a pardon from the state’s governor, with the court ruling Friday that her license was revoked for misconduct separate from her crime.

  • September 11, 2017

    Fraud Claim Nixed In Calif. Suit Over Botched Knee Surgery

    A California federal judge on Monday dismissed a fraud claim in a medical malpractice suit accusing a doctor of botching a man’s knee replacement surgery and fraudulently concealing an infection, saying there is no evidence that the doctor knew about the infection.

  • September 11, 2017

    Surgeon Says Firing Was Retaliation For Raising Safety Issues

    A former orthopedic surgeon at Massachusetts General Hospital has accused the hospital of firing him for raising concerns about “double booked surgeries,” saying that his termination was retaliation for raising the alarm with government agencies and the media.

  • September 8, 2017

    Why More Global Giants Are Renouncing Their HQs

    As more and more international legal giants opt to renounce their headquarters — a move that can woo clients and merger partners alike — experts say it’s a step that also brings its own set of management challenges.

  • September 8, 2017

    Firms Stay The Course On London Growth Amid Brexit Haze

    A year after the U.K.’s vote to end its membership in the European Union, most firms are either hewing to existing expansion plans or making tweaks around the edges, with even the most avid crystal ball-gazers at a loss for what Brexit will mean in the long term.

  • September 8, 2017

    Law360 Reveals The Global 20 Firms Of 2017

    When it comes to having the global expertise to handle complex cross-border matters spanning multiple time zones, some firms stand out from the rest. Here, Law360 reveals its seventh annual ranking of the firms with the biggest international presence.

  • September 8, 2017

    Where The Global 20 Are Bolstering Their Ranks

    Australia, Brazil and Germany have emerged as premier hubs for global law firm expansion in 2017, fueled in part by increased anti-corruption enforcement in Brazil, infrastructure investment in Sydney and the U.K.’s vote to leave the European Union.

  • September 8, 2017

    Global Firms Snap Up India Work With Liberalization In Limbo

    International law firms play a crucial role in India despite being barred from practicing there, and some say opening up the country’s legal industry wouldn’t drastically change how they do business.

Expert Analysis

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.

  • Opinion

    Why You Should Argue Your Appeal

    Stewart Milch

    Conventional wisdom says that oral argument is a mere formality; that in courts where judges read briefs in advance, their minds are made up and will rarely — if ever — change. But conventional wisdom notwithstanding, oral argument can be critical, says Stewart Milch of Goldberg Segalla LLP.

  • 6 Ways Teaching A Law School Class Can Benefit Lawyers

    Steven Allison

    Though teaching a law school class may be one of the last things on a busy practitioner's to-do list, it's a misconception that teaching will benefit only those who are looking to leave the practice of law and enter academia. It also offers several practical benefits, especially for more junior lawyers looking for stand-up experience, say Steven Allison and Samrah Mahmoud of Crowell & Moring LLP.

  • Spiral Dynamics And The Vanishing Jury Trial

    Jennifer Gibbs

    Over the past 20 years, the number of jury trials has been on a dramatic decline. What if the vanishing jury trial is evidence of an expected development of human consciousness — explained by a theory known as spiral dynamics? asks Jennifer Gibbs, a partner with Zelle LLP.

  • Rebuttal

    Post-Whole Woman’s Health, Women’s Health Still Matters

    Elissa Graves

    Nancy Northup, president of the Center for Reproductive Rights, recently wrote a piece in Law360 praising the U.S. Supreme Court's Whole Woman’s Health decision, and condemning “sham” legislation targeting abortion clinics. But much of that legislation seeks to promote women’s health and safety and to demonstrate the state’s interest in protecting life in the womb, says Elissa Graves, legal counsel with Alliance Defending Freedom.

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.