Medical Malpractice

  • November 14, 2017

    W. Va. Court Won't Sink Doc's Hospital Retaliation Claims

    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.

  • November 14, 2017

    Wis. Obstetrician Ducks Revival Of Failed-Sterilization Suit

    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.

  • November 14, 2017

    Injectable Silicone Linked To Disfigurement, Deaths, FDA Says

    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.

  • November 14, 2017

    No-Conference Claim Fails To Revive Wrongful Death Suit

    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.

  • November 14, 2017

    Ill. Nursing Home Negligence Suit Halted By Appeals Court

    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.

  • November 13, 2017

    NJ Doctor Accused Of Recklessly Pushing Addictive Opioids

    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.

  • November 13, 2017

    Insurers Reach Coverage Deal In Med Mal Conspiracy Case

    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.

  • November 13, 2017

    Ill. Court Says Discovery Flub Can’t Nix Med. Mal. Verdict

    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.

  • November 13, 2017

    Ill. Appeals Panel Affirms Doctor's Win In Treatment Row

    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.

  • November 13, 2017

    VA Hospital, Doctors Sued After Patient Choking Death

    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.

  • November 13, 2017

    Tenn. Hospital Responsible For Contractor’s Malpractice

    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.

  • November 9, 2017

    Doctors' Negligence Left Patient Paralyzed, Suit Says

    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.

  • November 9, 2017

    Privacy Rights Exist After Death, Fla. High Court Says

    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.

  • November 9, 2017

    Pa. Panel Says Time-Barred Claims Void $2.4M Med Mal Award

    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.

  • November 9, 2017

    Wyo. High Court Says Hospital Immune To Med Mal Suit

    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.

  • November 9, 2017

    DOJ Dropping ManorCare FCA Case After Witness Discredited

    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.

  • November 9, 2017

    Insurer Must Cover Sexual Abuse Suit Against Psychiatrist

    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.

  • November 8, 2017

    VA Nurse Faulted For Failing To Resuscitate Patient

    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.

  • November 8, 2017

    Miss. Appeals Court Backs Nurse’s Win In Syringe Mix-Up Suit

    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.

  • November 8, 2017

    Baylor Can't Ditch Ex-Medical Resident's Termination Suit

    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.

Expert Analysis

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    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.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    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 Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    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.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    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.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    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.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    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.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    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.

  • Rebuttal

    Discovery Proportionality: A Defense View

    Alan Hoffman

    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.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    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.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    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.