Medical Malpractice

  • July 18, 2017

    Jehovah's Witnesses Can't Revive Suit Against Pa. Hospital

    The Pennsylvania Superior Court on Tuesday affirmed a jury verdict favoring a Philadelphia hospital that had been sued over the death in childbirth of a Jehovah’s Witness who repeatedly refused to accept a blood transfusion, finding that an expert witness was appropriately precluded.

  • July 18, 2017

    Delayed Diabetes Treatment Nearly Caused Death, Suit Says

    A Florida naval hospital waited too long to properly treat a man with diabetes after blood tests and physical symptoms signaled that he may have had the disease, causing him to suffer severe insulin shortage and organ damage, a lawsuit filed in Florida federal court alleges.

  • July 18, 2017

    House Republicans Lay Out Tax Reform, Spending Plans

    House Republicans on Tuesday unveiled their financial plan for the government next fiscal year, paving the way for tax reform tied to spending cuts in regulations, employee benefits and welfare benefits.

  • July 17, 2017

    Calif. Justices OK Medical Board's Access To Rx Database

    The California Supreme Court ruled Monday that a state medical board's review of patient records in the state's prescription drug monitoring database did not violate patients' privacy rights because it was justified by public interest in regulating potent prescription drugs and protecting patients from negligent doctors.

  • July 17, 2017

    VA Removes Administrators At Troubled NH Hospital

    The U.S. Department of Veterans Affairs has removed the director and chief of staff at a New Hampshire veterans’ hospital after media reports detailed widespread dysfunction and unsafe conditions at the facility, VA Secretary David J. Shulkin said Monday.

  • July 17, 2017

    Baylor Hospital Says Courts Split On Misdiagnosis Claim

    A Baylor Scott & White hospital on Friday asked the Texas Supreme Court to resolve a split among lower appellate courts on whether a claim alleging fabricated medical records should be treated as a claim for misdiagnosis that requires filing an expert report.

  • July 17, 2017

    Suit Over Post-Eye Surgery Headaches Mostly Survives

    A D.C. federal court on Friday trimmed a woman’s lawsuit claiming optical nerve surgery led to more severe head pain but refused to toss the entire case as untimely, finding too many open questions surrounding when the patient could have known about the alleged malpractice.

  • July 17, 2017

    Ind. Doctor Can't Undo Suspension Of Expired License

    An Indiana state appeals court refused Friday to revive the question of whether the state Medical Licensing Board was right to proceed with a doctor’s suspension hearing even after the doctor, who is also facing criminal narcotics charges, allowed his license to expire.

  • July 14, 2017

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2017, our list of 156 attorneys under 40 whose legal accomplishments transcend their age.

  • July 14, 2017

    Ky. Nursing Home Suit Sent To Arbitration After Kindred

    A Kentucky appeals court on Friday sent a nursing home patient’s negligence suit to arbitration, finding an arbitration agreement to be enforceable due to the U.S. Supreme Court’s Federal Arbitration Act-strengthening decision in Kindred v. Clark last May.

  • July 14, 2017

    Pa. Court Says Expert Properly Nixed In Miscarriage Suit

    A Pennsylvania appellate panel on Friday affirmed the dismissal of a suit accusing a physician of causing a woman’s miscarriage by negligently prescribing a certain medication, saying the patient’s expert witness was not qualified to testify under state law.

  • July 14, 2017

    Doc Wins Medical Records Fight In Legal Malpractice Suit

    A Florida appellate panel on Friday reversed a trial judge’s ruling that a doctor suing her former attorney for legal malpractice must produce confidential medical information, saying the attorney didn’t obtain authorization from the doctor’s former patient as required by state law.

  • July 14, 2017

    Expert Witness Was Needed For Med Mal Suit, NJ Panel Says

    The New Jersey Appellate Division on Friday affirmed the dismissal of a medical malpractice lawsuit against Virtua Health Inc., ruling that a lower court properly tossed the case for lack of expert testimony on a doctor’s alleged incompetence because the issue was complex enough to warrant it.

  • July 14, 2017

    Ind. Nursing Home Can't Arbitrate Wrongful Death Suit

    A nursing home won’t be allowed to force a wrongful death suit into arbitration, an Indiana federal judge has ruled, saying that the patient’s decision to sign an arbitration agreement wasn’t enough to bind her family.

  • July 13, 2017

    Fla. Justices Keep Personal Injury Payor From Med Mal Suit

    A woman ordered to pay $11 million to a man she injured in a traffic accident can’t intervene in his subsequent medical malpractice suit after the Florida Supreme Court ruled Thursday that losing parties in personal injury cases can’t seek reduced liability without first paying what they owe.

  • July 13, 2017

    Tribe Member’s Health Care Complaint Misplaced, Judge Says

    An Oregon magistrate judge said Wednesday that a Laguna Tribe member’s lawsuit claiming the Native American Rehabilitation Association refused to provide him medical treatment should be thrown out, finding the tribe member should have pursued administrative relief before filing the case.

  • July 13, 2017

    Conn. Court OKs Defense Verdict In Bad Circumcision Case

    A Connecticut appellate court on Thursday affirmed a jury’s decision to clear a doctor of medical negligence in connection with an infant’s allegedly botched circumcision, rejecting the parents’ argument that a courtroom viewing of a video showing a similar circumcision procedure was improperly allowed by the trial judge.

  • July 13, 2017

    Gov't Must Supplement Payments In Bad Birth Settlement

    The U.S. Court of Federal Claims decided Wednesday that the federal government is on the hook for paying installments in a 1980s birth injury settlement after the annuity that was meant to provide the monthly payments stopped being able to meet its required minimum amount.

  • July 13, 2017

    Doc Sues Med Mal Atty Over Advice In State Review Process

    A Brooklyn orthopedic surgeon filed suit Wednesday against his former lawyer in New York state court, claiming that the attorney advised him to admit wrongdoing to a state disciplinary board without explaining the consequences.

  • July 12, 2017

    Pa. Court Tosses Suit Claiming Bad Medical Treatment

    A Pennsylvania appellate panel on Wednesday affirmed the dismissal of a suit accusing a doctor of failing to advise a patient to take blood monitoring tests while on blood-thinning drugs, which purportedly caused a brain hemorrhage, saying the patient’s expert opinion failed to establish the proper standard of care.

Expert Analysis

  • The Expert Witness Who Will Explode

    Bruce Gerstman

    When an expert witness takes the stand, one should not assume that the only challenge will be to their testimony. An investigation into the background of a witness may turn up lawsuits, dubious credentials, a misstated educational or employment record or other problems. Any of these may irreparably damage a witness' credibility on the stand, says Bruce Gerstman of Waterfront Intelligence Inc.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Top Lessons Learned From Medical Malpractice Trials

    Bryan Thompson

    Considering the stakes of any medical malpractice litigation, attorneys who represent doctors, hospitals, medical facilities and other health care providers should take a number of key lessons to heart, say attorneys with Lewis Brisbois Bisgaard & Smith LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 5 Mistakes That End Law Firms

    Randy Evans

    Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.

  • Questioning The Controlled Substances Act After Enmon

    Jack Sharman

    Following the Eleventh Circuit's recent decision in United States v. Enmon, it remains unclear what conduct is prohibited under the Controlled Substances Act and what intent a physician must possess in order to support a conviction, say attorneys with Lightfoot Franklin & White LLP.