Medical Malpractice

  • May 29, 2017

    Biggest US Firms Opt For Modest Growth In Sluggish Market

    In a highly competitive legal market, U.S. law firms on average appear to be leaning on a strategy of slow-but-steady growth as they continue to adjust to sluggish demand for legal services, according to the latest Law360 400.

  • May 29, 2017

    Turning 50, Greenberg Traurig Tops The Law360 400

    Greenberg Traurig LLP is celebrating its golden anniversary with a trip to the top of Law360’s list of the largest U.S. law firms, capping off decades of steady growth by ousting Jones Day from the No. 1 spot.

  • May 26, 2017

    Fed Circ. Revives Vet's Suit Over Benefits After Non-VA Care

    The Federal Circuit on Friday revived a suit challenging the denial of disability benefits for a veteran who suffered injuries during a privately performed surgery recommended by a Veterans Affairs doctor, saying there were unresolved issues as to whether the surgery was prompted by VA care.

  • May 26, 2017

    Bad Medical Care Suit Restored By Tennessee Appeals Court

    A Tennessee appellate panel on Friday partially restored a suit accusing doctors of providing substandard medical care during a baby’s delivery, which purportedly caused both the mother and newborn to suffer brain damage and other injuries, saying the child’s claims were timely filed.

  • May 26, 2017

    VA Should Be Sanctioned For Evidence Fraud, Court Told

    The estate of a military veteran who committed suicide due to a Veterans Affairs hospital’s alleged negligence asked a South Carolina federal judge Thursday to impose sanctions on the agency for trying to pass off a letter sent to a different patient as the one purportedly sent to the veteran.

  • May 26, 2017

    Wis. Court Affirms Jury Verdict In Mental Patient Suicide Suit

    A Wisconsin appeals court upheld a jury verdict largely clearing a mental health facility of  liability for a patient’s suicide, finding that jury questions asking if the man who committed suicide was able to understand the risks of attempting suicide were valid.

  • May 26, 2017

    Pa. Judge Tosses Nursing Home Death Suit Over Jurisdiction

    A suit alleging a nursing home was responsible for a resident’s death from a fall has to be dismissed, a Pennsylvania federal judge ruled on Thursday, as the victim was a resident of the state the facility was in, precluding federal jurisdiction.

  • May 25, 2017

    Texas Doctor Can’t Dodge Suit Over Stillborn Baby

    A Texas appeals court on Thursday declined to dismiss a suit accusing a doctor of negligent treatment of a pregnant woman that purportedly led to the death of her baby, saying the patient submitted plausible expert witness testimony.

  • May 25, 2017

    NY Docs Can't Escape Suit Over Injurious Prenatal Care

    Two New York doctors will have to face a medical malpractice suit claiming that they bungled a woman’s prenatal care, resulting in her child’s cerebral palsy, an appellate court ruled Wednesday, finding that conflicts in the two sides’ expert testimony precluded early dismissal of the case.

  • May 25, 2017

    114 Suits Can Count As 2 In Hospital Insurance Row: Judge

    A Tennessee Chancery Court judge has denied Steadfast Insurance’s bid for a quick win over a health care company in a fight over how many malpractice suits can be classed as one “medical incident” for deductible purposes, saying the company’s interpretation of the policy was reasonable, according to a decision unsealed Thursday.

  • May 25, 2017

    Pa. Jury Awards $2M In Botched Gallbladder Surgery Suit

    A Pennsylvania state jury has awarded a woman $2 million in a medical malpractice suit accusing a physician of botching a gallbladder removal surgery, which caused the patient numerous injuries requiring multiple corrective procedures.

  • May 25, 2017

    Feds Must Face VA Hospital Suit Over Prostate Cancer Death

    A South Carolina federal court on Wednesday declined to dismiss a lawsuit alleging Department of Veterans Affairs doctors failed to see the signs of a late veteran’s prostate cancer early enough, ruling that the case was likely filed soon enough after the alleged diagnosis failure was noticed.

  • May 25, 2017

    11th Circ. Revives Prisoner's Medical Neglect Case

    A Florida prison inmate has stated a claim for deliberate indifference against officials at two correctional facilities, the Eleventh Circuit ruled Wednesday, reviving the man’s pro se lawsuit over a brutal beating he said he received in a mess hall.

  • May 24, 2017

    Ind. Court Tosses Patient Wins In Needless Surgery Suits

    An Indiana appellate court affirmed a trial judge’s decision to set aside six default judgments against a hospital in connection with allegedly unnecessary surgeries, saying the hospital credibly argued that it missed certain medical malpractice review panel deadlines due to the death of its attorney’s spouse.

  • May 24, 2017

    Md. High Court Says Evidence OK In Radiologist’s Trial Win

    Maryland’s highest court ruled Wednesday that evidence of nonparties’ medical negligence, which helped a radiologist win a malpractice trial, was properly allowed, saying the importance of the radiologist receiving a fair trial outweighed the risk of having the jury’s decision improperly influenced by the evidence.

  • May 24, 2017

    NJ High Court Won't Revisit Dismissal Of Med Mal Row

    The New Jersey Supreme Court has declined to take up a medical malpractice lawsuit against Somerset County Medical Center and two of its doctors after an appeals court ruled that a discovery extension was properly denied.

  • May 24, 2017

    Ill. Appeals Court Backs Bar Of Testimony In Negligence Suit

    An Illinois appellate court has upheld a trial court’s decision to block testimony about an alleged missing page in a patient’s chart in a lawsuit accusing a Chicago doctor of substandard care, ruling that the trial court was right to conclude the testimony would only have been speculation.

  • May 24, 2017

    Late Expert Report Sinks Pa. Suit Over Nursing Home Death

    A suit alleging that a nursing home’s negligence led to a resident’s death can’t be revived, a Pennsylvania state appeals court ruled on Tuesday, as the plaintiffs did not submit required expert testimony on time.

  • May 24, 2017

    Plaintiffs Bar Perspective: Ratzan Law Group's Stuart Ratzan

    Some people think it's a good thing that jury trials are less common today, but I think it's another example of a society where the common man is removed from the democratic process, says Stuart Ratzan, shareholder with Ratzan Law Group.

  • May 23, 2017

    Claims Nixed In VA Physician Assistant Sex Assault Suit

    A Kansas federal judge on Monday dismissed a negligent hiring claim against the federal government in a suit accusing a former Veterans Affairs physician's assistant of sexual assault, but allowed the primary medical negligence claim to move forward.

Expert Analysis

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • Shining A Light On GOP Plan For Health Care Reform

    Andrew Bab

    Since the election of President Trump and Republican majorities in the House and the Senate, there has been a strong push to repeal and replace the Affordable Care Act. However, there has been little detail as to what “repeal” or “replace” actually mean. Recent developments provide some clarity, say members of Debevoise & Plimpton LLP.

  • Data Analytics Now Cost-Effective For Smaller Firms

    Chris Paskach

    A recent survey found that nearly two-thirds of Am Law 200 firms are now using data analytics, compared to only about a tenth of regional and boutique firms. Yet the exploding market for data analytics technology in business is making these productivity tools available for any size matter or firm, say Christopher Paskach of The Claro Group and Douglas Johnston Jr. of Five Management LLC.

  • Don’t Underestimate The Value Of An Internal Audit

    Justin Gwin

    Most legal and business leaders know that internal culture — including tone, operating style, standard of behavior and shared values that guide employee decisions — can make or break a firm. An internal audit can assess a firm's culture and identify potential issues within the organization, says Justin Gwin of Kaufman Rossin PA.

  • New Business Opportunities In Shared Workspaces

    Philippe Houdard

    For decades, law firms have taken on considerable expense to acquire or rent opulent office space, often with the intention of signaling seriousness and reliability to their clients. But more recently, solo practitioners and established firms alike have started breaking tradition, says Philippe Houdard, co-founder of Pipeline Workspaces.

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Fla. High Court Ruling Undermines Patient Safety System

    Jerome W. Hoffman

    The Florida Supreme Court recently held in Charles v. Southern Baptist Hospital that adverse incident reports maintained in a provider’s patient safety evaluation system are not privileged patient safety work product. The court’s reading of the Patient Safety and Quality Improvement Act sharply conflicts with the act's purposes, say Jerome Hoffman and Erica Gooden Bartimmo of Holland & Knight LLP.