Medical Malpractice

  • November 7, 2017

    Jail Medical Staff Not Deliberately Indifferent, 3rd Circ. Says

    The Third Circuit on Monday refused to revive a former inmate's claims that medical workers at a Pennsylvania jail were deliberately indifferent to a wrist fracture he suffered in a drunken driving crash, saying the record at most shows they were negligent.

  • November 7, 2017

    Fla. Appeals Panel Revives Negligence Suit Against Urologist

    A Florida appeals court on Monday revived a woman’s suit asserting that she fell and sustained permanent injuries because her urologist removed a step stool from her examination room, agreeing that her claims related to ordinary as opposed to medical negligence.

  • November 7, 2017

    Feds Seek Reduction Of $31M Award In Kidney Failure Suit

    The federal government on Monday asked an Illinois federal judge to reconsider a $31 million damages award to a man who claimed that egregiously negligent treatment at a federally funded health clinic led to his kidney failure, saying the award was out of step with awards in similar cases.

  • November 6, 2017

    Doctor Asks Texas Justices To Toss Pharmacy's Slander Suit

    A pain management doctor told the Texas Supreme Court on Friday that a slander and business disparagement suit brought against him by a pharmacy involves issues integral to the provision of health care and should be treated as a health care liability claim.

  • November 6, 2017

    Pa. Hospital Settles With Paralyzed C-Section Patient

    A Pennsylvania woman who was left almost fully paralyzed as a teenager after surgery to give birth to her son settled with a Lancaster hospital, cutting short a projected two-week trial in her medical malpractice action in commonwealth court, her counsel said.

  • November 6, 2017

    Hospital Sues PR Firm For Libel Over Hepatitis C Outbreak

    A North Dakota hospital filed suit in federal court Monday, claiming that a public affairs company had made false statements about the hospital’s connection to an outbreak of hepatitis C at a local nursing home.

  • November 6, 2017

    The Law Firms Spinning The White House Turnstile

    A change in administration opens revolving doors for BigLaw, allowing some attorneys to transition to a government gig while giving others the chance to move into the private sector. Here are the firms and attorneys cycling through some prominent executive branch positions.

  • November 6, 2017

    Mich. Panel Backs Rehab Center's Win In Bad Steroids Suit

    A Michigan appeals court affirmed a trial court’s decisions to dismiss negligence claims from a class that received contaminated steroid injections from a rehabilitation center and to deny the center a quick win before trial on the remaining malpractice claims.

  • November 6, 2017

    Who’s Repping Whom? Law360’s Guide To The Mueller Probe

    As Robert Mueller’s investigation of the Trump campaign draws a slew of corporate attorneys to the scene, here’s a look at the legal firepower representing figures in the special counsel’s inquiry.

  • November 6, 2017

    Has Trump Been Good For BigLaw?

    Last November’s Election Day triumph for Donald Trump seemed likely to bring about, as one consultant put it, a “legal industry on steroids.” A year on, though, the picture for law firms is decidedly mixed.

  • November 6, 2017

    What Trump’s War On Regulations Means For Lawyers

    Corporations and their attorneys can be some of the country’s most ardent deregulation enthusiasts, but many are struggling to navigate uncertainty clouding the Trump administration’s efforts to pare down the rulebook.

  • November 6, 2017

    ManorCare Wants Sanctions Against DOJ Attys In FCA Suit

    Nursing home chain HCR ManorCare asked a Virginia federal court on Friday to sanction U.S. Department of Justice attorneys in a whistleblower False Claims Act case accusing the company of overbilling Medicare for unnecessary care, saying the attorneys have ignored court rules and orders while litigating the case.

  • November 6, 2017

    Texas Court Backs Expert Reports In Couple's Med Mal Suit

    A Texas appellate court has denied a hospital’s bid for an early win in a medical malpractice lawsuit brought by a woman who had a metal guidewire left inside her body for two years following a surgery, rejecting arguments from Weatherford Texas Hospital Co. that expert reports submitted by the former patient were insufficient.

  • November 3, 2017

    NJ Med Mal Settlement Scuttled Over Payment Method Dispute

    A New Jersey state appellate court ruled Friday that a trial court was wrong to authorize a $1.25 million settlement between an incapacitated adult and a doctor accused of bungling his mother’s care during pregnancy and childbirth, saying that the court could not sign off while the doctor still objected to the structure of the settlement.

  • November 3, 2017

    Deal Claim Didn't Doom Dr.'s Sex Suit Defense, NJ Court Says

    The New Jersey Appellate Division on Friday upheld a jury’s $1.5 million compensatory damages verdict in favor of a brain injury patient who alleged that her former doctor stalked her after the end of their professional and sexual relationship, ruling that the doctor’s defense hadn’t been prejudiced by the patient’s testimony about his purported settlement offer.

  • November 3, 2017

    Ky. Justices Say Top Court Ruling Misses Mark In Kindred Suit

    In a split decision Thursday, the Kentucky Supreme Court left intact part of its decision denying enforcement of an arbitration agreement signed on behalf of a Kindred Nursing Center patient, saying the U.S. Supreme Court’s reasoning in its landmark ruling on the case in May did not address the principles on which the state high court ruled.

  • November 3, 2017

    VA Hospital Failed To Treat Lesion In Time, Suit Says

    A California health facility operated by the Department of Veterans Affairs allegedly failed to identify and treat a lesion on a patient's brain that eventually led to cancer of his plasma cells, according to a complaint filed in California federal court.

  • November 3, 2017

    Texas Justices Deny Doctor's Bid To Flee Leg Surgery Case

    The Texas Supreme Court on Friday denied an orthopedic surgeon's request to review a lower appellate court's August ruling that he must face a negligence suit brought by a patient who claims that an improper delay in a surgery caused him serious leg injuries.

  • November 3, 2017

    NY Doc, Nurse Arrested For $2M Opioid Prescription Scheme

    A New York doctor, his medical staffer and a nurse and were arrested on Thursday for allegedly writing thousands of medically unnecessary prescriptions for oxycodone and fentanyl patches and yielding about $2 million in fees, the U.S. Attorney’s Office for the Southern District of New York announced.

  • November 2, 2017

    Widow's Suit Time-Barred In VA Med Mal Row, 9th Circ. Told

    The federal government asked the Ninth Circuit Thursday not to revive a widow’s medical malpractice claims relating to the VA’s treatment of her husband’s lupus after an Arizona federal court tossed them as untimely, saying she failed to file within a two-year window of his death.

Expert Analysis

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Maintaining The Integrity Of Physician-Owned Practices

    John Fanburg

    Two recent cases in New York and New Jersey will impact how medical practice transactions should be structured in the future. New Jersey and New York courts may find fraud if they believe the purpose of a contractual agreement or transaction is to extract profits out of a practice, says John Fanburg of Brach Eichler LLC.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks

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    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.