Medical Malpractice

  • May 22, 2017

    Gov’t Faces $10M Suit Over Partial Foot Amputation

    A former patient at a U.S. Department of Health and Human Services facility filed a $10 million suit Monday in New York federal court, claiming that the facility’s lax care caused him to contract a flesh-eating bacteria and the emergency amputation of two of his toes and part of his foot.

  • May 22, 2017

    Med Mal Suit Revived By High Court Ruling Gets Tossed

    A Michigan federal judge​ has ​tossed a medical malpractice suit that was previously revived under a 2015 U.S. Supreme Court ruling that equitable tolling can apply to Federal Torts Claims Act suits, finding that the claims were untimely.

  • May 22, 2017

    Mich. Doctor Gets 19 Years For Fraudulent Opioid Scripts

    A Michigan doctor has been sentenced to 19 years in prison after being convicted for his role in a practice that wrote fraudulent prescriptions for opioids and falsely billed Medicare.

  • May 19, 2017

    Anesthesia Med Mal Suit Revived At Michigan Appeals Court

    An anesthesia company can’t exit a lawsuit alleging it was liable for a man’s shoulder injury after an orthopedic procedure, a Michigan appeals court ruled Thursday, as circumstantial evidence raises the possibility the injury could have been caused by the positioning of the patient under anesthesia.

  • May 19, 2017

    SD High Court Refuses New Trial Against Nursing Home

    The Supreme Court of South Dakota on Wednesday declined to order a retrial in a $2.7 million suit against a care center for people with mental instabilities that claimed the center was responsible for the death of a patient and that it failed to consult with the man's family in disposing of his body.

  • May 19, 2017

    Ky. Appeals Court Sends Nursing Home Case To Arbitration

    A Kentucky appeals court on Friday shipped a nursing home patient’s negligence suit to arbitration, finding the arbitration agreement was valid in likely the first arbitration ruling after the U.S. Supreme Court’s Federal Arbitration Act-strengthening decision in Kindred.

  • May 19, 2017

    Pa. Jury Finds Clinic Not Liable In Appendicitis Death

    A Pennsylvania federal jury found Friday that a medical clinic and several of its staff aren’t responsible for the death of a woman who underwent surgery for appendicitis after allegedly being sent away from the clinic twice without treatment by an employee who wasn’t properly supervised.

  • May 19, 2017

    Texas Doctor Must Face Suit Over Patient Blindness

    A Texas appeals court on Thursday declined to dismiss a medical negligence suit that accuses a doctor of failing to diagnose a brain clot that led to a woman’s blindness, saying that it had already ruled the expert report the doctor was objecting to was filed on time.

  • May 18, 2017

    Ariz. Appeals Court Tosses 'Dirty' Medical Device Suit

    An Arizona appellate court on Thursday tossed a medical malpractice suit accusing a surgeon of using a medical device that was allegedly contaminated by Medtronic sales reps and purportedly caused a spinal patient’s paralysis due to infection, saying there was not enough evidence to support that theory.

  • May 18, 2017

    Md. Atty Beats Doctor’s Revoked License Malpractice Suit

    A Maryland appellate court on Wednesday affirmed the dismissal of a legal malpractice suit brought by a doctor claiming his criminal defense attorney wrongly advised him to consent to permanent revocation of his medical license in connection with patient sexual assault claims, saying the claims are time-barred.

  • May 18, 2017

    NY Court Rejects Splitting Cases Related To Stroke Victim

    A New York City public hospital's bid to seek indemnification from another medical center in a stroke victim's malpractice case was improperly severed from the original suit, a New York state appeals court ruled Wednesday.

  • May 18, 2017

    Nursing Home Must Face Claims Of Understaffing

    An Arkansas nursing home will have to face a suit from a former patient’s daughter accusing it of being too understaffed to provide proper care, a federal judge ruled Wednesday, but the judge dropped claims against center administrators and associated corporate entities, saying there was no evidence they were involved.

  • May 18, 2017

    Texas Hospital Gets Med Mal Claims Tossed On Appeal

    A Texas appellate court on Thursday sided with the University of Texas Health Science Center at Houston and tossed a health care liability claim stemming from an allegedly botched surgery because the former patient failed to serve the hospital with an expert report, rejecting an argument that the mistake shouldn't result in dismissal.

  • May 17, 2017

    Medical Expert Unneeded In Hospital Fall Suit, Pa. Court Says

    A Pennsylvania appellate court on Wednesday revived a suit accusing a hospital of being responsible for a patient’s injuries suffered when he tripped on a mat, saying the claims are largely “garden variety” premises liability claims and not medical malpractice claims requiring an expert medical opinion.

  • May 17, 2017

    Okla. High Court Pulls Hospital Back Into Birth Injury Suit

    The Oklahoma Supreme Court on Tuesday overturned a trial court’s dismissal of claims against a hospital in a suit accusing it and a doctor of causing an infant’s birth injuries, saying the child’s parents presented plausible expert testimony and that the court couldn’t apply an evidentiary decision retroactively to support its decision to let the hospital off the hook.

  • May 17, 2017

    La. Court Backs LSU Hospital’s Trial Win In Med Mal Suit

    A Louisiana appellate court on Wednesday affirmed a jury verdict clearing a Louisiana State University hospital of accusations that it botched a man’s treatment following a car accident, which purportedly caused his death, saying the verdict was reasonable given conflicting expert opinions.

  • May 17, 2017

    $3.1M NY Med Mal Verdict Tossed As Unreasonable

    A New York state judge has scrapped a $3.1 million medical malpractice jury verdict for a hospital patient allegedly injured by nursing staff's failure to perform an ordered test, saying in an order made public Wednesday that it was well above other verdicts in similar cases.

  • May 17, 2017

    Pa. Atty Slams Challenge To Abusive Sanctions Claim

    A Philadelphia-area attorney on Wednesday defended her claims that rivals in a medical malpractice action overzealously sought a contempt finding that resulted in her being saddled with a $1 million sanction, asserting their legitimacy under a Pennsylvania law that allows attorneys to face civil liability for frivolous litigation.

  • May 17, 2017

    NC Appeals Court Says Patient Can Sue For Negligence

    A woman’s lawsuit alleging a surgeon and others at a North Carolina hospital are liable for her fall from a surgical table was partially revived on Tuesday, after a state appeals court ruled that her claims should be interpreted as ordinary negligence, rather than medical malpractice.

  • May 16, 2017

    Jury Confused By Patient Consent Evidence: Mo. High Court

    The Missouri Supreme Court on Tuesday overturned a jury verdict clearing a doctor of medical negligence in connection with a nonsurgical procedure to examine a patient’s digestive tract, saying allowed evidence regarding the patient’s consent to the procedure was not relevant and likely confused the jury.

Expert Analysis

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.

  • How A General Counsel Should Think About AI: Part 2

    Bruce J. Heiman

    General counsels face the challenging task of understanding how companies can navigate the rules surrounding uses of artificial intelligence. To get smart on AI, general counsels must ask the right questions about areas such as human resources, intellectual property, liability and insurance, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • How A General Counsel Should Think About AI: Part 1

    Bruce J. Heiman

    Though the Trump administration has yet to make an official statement regarding artificial intelligence, support for AI is consistent with its expressed desire to promote American business. As such, general counsel will inevitably have to navigate what big data and AI mean for compliance with current and future laws and regulations, say Bruce Heiman and Elana Reman of K&L Gates LLP.

  • Saving Lawyers 1 Less Drink At A Time

    Jennifer Gibbs

    Lawyers are likely turning to alcohol to lessen stress and anxiety, to socialize, and even to sleep better. Unfortunately, many are unaware that their nightly pour could be causing or exacerbating the anxiety that is plaguing the legal profession, says Jennifer Gibbs of Zelle LLP.

  • Opinion

    Lawyers Cannot Stay Silent While Trump Belittles The Courts

    Alexandra Wald

    This is not the first time that a president has criticized the judiciary. But what is unique about President Donald Trump's attacks is that they target not just a specific decision, but the judiciary and its decision-making power altogether. Every lawyer, regardless of political persuasion, must speak up, says Alexandra Wald of Cohen & Gresser LLP.

  • Marketing Basics For Solo Practitioners And Small Law Firms

    Matthew Horn

    There is no question that solo practitioners and small law firms need to spend the majority of time on legal work, but in order to achieve sustainable growth, marketing should not be a secondary task “put-off” until you have some free time, says Matthew Horn, founder of Legal Services Link LLC.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.