West Virginia's Supreme Court of Appeals on Monday refused to dismiss a doctor's claims against Camden-Clark Memorial Hospital Corp. alleging it retaliated against him for reporting patient safety concerns, finding that the hospital could not claim qualified immunity in its decision to fire him.
A Wisconsin state appellate court declined to revive a suit against an obstetrician who allegedly botched a sterilization procedure, ruling the patient’s expert had not been qualified and did not have a scientific basis for his opinion.
The U.S. Food and Drug Administration on Tuesday warned consumers and health care providers about the risks of serious injuries, disfigurement and even death associated with silicone injections falsely marketed as FDA-approved dermal fillers for boosting the size of butts, breasts and other body parts.
A New Jersey federal court declined Monday to reconsider its order tossing claims in a wrongful death suit, rejecting the argument that the court did not hold a necessary conference before ruling that an expert affidavit could not support the claims against a doctor, his practice and a hospital.
An Illinois appeals court has paused a suit against a nursing home over the death of a resident who went into diabetic shock, saying a lower court erred by refusing to stay a wrongful death claim while sending related claims to arbitration.
A family physician has been temporarily suspended after he was accused of indiscriminately prescribing medically unnecessary, highly addictive opioids to patients, the New Jersey Office of the Attorney General announced Monday.
Houston Casualty Co. has resolved a dispute with Preferred Professional Insurance Co. over coverage for PPIC's costs to defend and settle underlying claims that it conspired to conceal evidence in a medical malpractice action, according to filings in Nebraska federal court.
An Illinois appeals court has reinstated a jury verdict in favor of a medical group practice in a woman’s lawsuit alleging the actions of medical professionals at the facility caused her mother’s death, saying a discovery violation by the hospital was not prejudicial enough to warrant a new trial.
An Illinois appellate court affirmed a doctor’s win in a suit alleging that he failed to properly treat a patient's various maladies, finding that the trial court justly excluded certain witness testimony and jury instructions proposed by the patient.
The son of a man who died from choking complications after an Arkansas veterans hospital allegedly failed to properly assess his swallowing difficulties after surgery has filed a suit against the government in Arkansas federal court.
A Tennessee appellate court has ruled that a hospital can be held responsible for the conduct of a radiologist who contracted with it, upholding a disputed part of a $750,000 jury verdict in favor of a patient who died of septic shock after colon surgery.
A patient filed a medical malpractice suit Wednesday in Ohio Claims Court against Ohio State University Medical Center, alleging that his doctors failed to act quickly in treating the buildup of fluid in his spine, rendering him paralyzed.
The Florida Supreme Court on Thursday ruled that citizens have a right to privacy even after death under the Florida Constitution and also struck down part of the state’s prefiling requirements for people bringing medical malpractice claims, saying they blocked access to the courts.
A Pennsylvania appeals court on Thursday overturned a $2.4 million medical malpractice award after finding that an amended complaint filed by the victim in the case had included claims that were barred by the statute of limitations.
The Supreme Court of Wyoming has ruled that a county hospital is not liable for medical malpractice claims tied to a doctor who worked there as an independent contractor, reversing a trial court’s decision that found the hospital waived immunity granted by a state law when it took out liability insurance.
With an expert witness’ credibility in tatters, the U.S. Department of Justice will admit defeat in a high-profile False Claims Act case accusing nursing home giant HCR ManorCare Inc. of a massive overbilling scheme, according to a new filing Wednesday in Virginia federal court.
An Iowa-based insurer will have to provide professional liability coverage to a psychiatrist accused of sexual misconduct in an underlying suit brought by his patient, an Illinois federal judge ruled on Wednesday.
A Veterans Affairs nurse inaccurately told other staff that a patient had a Do Not Attempt Resuscitation order, and the patient died after the staff relied upon the nurse’s statement and did not attempt resuscitation, the Department of Veterans Affairs Office of Inspector General said in a report Tuesday.
A Mississippi appeals court on Tuesday affirmed a lower court’s decision to toss a couple's medical malpractice claims against a nurse anesthetist over a syringe mix-up because they had neglected to file anything in the case for almost two years.
A Texas appellate court on Tuesday rejected argument from Baylor University Medical Center Inc. that a former medical resident’s allegation he was mistreated during his time at the hospital should be handled as a health care liability claim and dismissed.
In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.
Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.
The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.
As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.
It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.
With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.
Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.
A recent Law360 guest article offered a plaintiff’s guide to discovery proportionality, focusing on recent amendments to Rule 26 of the Federal Rules of Civil Procedure. But proportionality is achieved by collaboration, not by mechanistically applying rules. When lawyers work together to establish the nature and scope of discovery, disputes can be avoided, says Alan Hoffman of Husch Blackwell LLP.
At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.
In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.