Medical Malpractice

  • October 30, 2017

    NJ Hospital, Doc Hit With $17M Verdict In Brain Injury Case

    A New Jersey hospital and a pediatrician have been hit with a $17 million judgment after a state court jury found they were negligent in treating a child who visited the facility in 2008 with pneumonia and left with a brain injury, lawyers in the case said Monday.

  • October 30, 2017

    Ark. Clinic Must Face Sanctions For Destroying Evidence

    An Arkansas appeals court has affirmed a decision to harshly sanction a behavioral health center unit that destroyed physical medical records in a malpractice action over a discharged patient’s suicide, finding that the lower court’s analysis was thorough.

  • October 30, 2017

    Maine Jury Awards Man $2M Over Bungled Hand Surgery

    A Maine jury on Friday awarded a boat builder $2 million in his suit against a Bangor hospital and the surgeon he claimed had bungled an operation on his hand by leaving a screw sticking into his wrist joint.

  • October 30, 2017

    Md. Hospital Quotes Shakespeare In Defense Of Phony Doctor

    Dimensions Health Corp. shouldn’t have to face a putative class action alleging a former OB-GYN used a false identity while delivering hundreds of babies, citing Sir William Shakespeare in Maryland federal court while arguing that regardless of the physician's name he was still licensed to practice.

  • October 27, 2017

    Judge Backs Gov't In Officer's Med Mal Suit Against AF Doc

    A U.S. magistrate judge in Texas has recommended nixing a U.S. Army officer's medical malpractice suit against the U.S. government stemming from a back surgery performed by a U.S. Air Force surgeon, writing that because he didn't follow certain presuit requirements, the court can't hear the case.

  • October 27, 2017

    Navajo Resident Says Gov’t Medical Center Botched Surgery

    A resident of the Navajo Indian Reservation has hit the federal government with a $5 million suit in Arizona federal court, contending that a health care facility and doctors under its umbrella botched a surgery on her gallbladder, which triggered a prolonged hospital stay and numerous procedures to fix the damage.

  • October 27, 2017

    NY Hospital Wins Suit Over Esophageal Tear On Appeal

    Medical staff at New York Community Hospital will not have to face medical negligence claims holding them accountable for a perforated esophagus after the patient failed to provide strong enough expert testimony, a New York appellate court has ruled.

  • October 27, 2017

    Pa. Panel Says Doc Correctly Treated Horse Fall Injury

    The Pennsylvania Superior Court on Thursday affirmed a 2016 jury verdict absolving a Lehigh County orthopedist of claims he botched treatment of a leg injury for a woman who fell off a horse, rejecting her argument for a mistrial.

  • October 27, 2017

    NY Hospitals Must Face Stroke Patient's Med Mal Suit

    Two hospitals and a board of neurological specialists that allegedly took too long to transfer a stroke victim and strayed from proper treatment protocol will have to face the medical malpractice claims against them, a New York appeals court ruled Thursday.

  • October 26, 2017

    Ill. Court Rejects Widower's Appeal Over Blood Clot Death

    An Illinois appeals court refused Wednesday to second-guess a trial court following a defense verdict in a medical malpractice suit, saying, among other things, the plaintiff could not introduce a coroner's report absent an actual autopsy.

  • October 26, 2017

    Fee's Mailing Date Saves Med Mal Suit, La. Court Says

    The family of a woman who allegedly died due to a clinic’s negligence didn’t miss a fee deadline for an essential administrative step in bringing that claim, a Louisiana appellate court ruled Wednesday, citing the date the payment was mailed and reversing a lower court’s dismissal of the suit.

  • October 26, 2017

    Fla. Justices Affirm Access To Adverse Medical Incident Docs

    A split Florida Supreme Court ruled Thursday that an amendment that voters approved in 2004 grants patients broad rights to access adverse incident review reports from medical providers, including reports made in preparation for medical malpractice litigation.

  • October 26, 2017

    Okla. High Court Nixes Barrier For Med Mal Claimants

    The Oklahoma Supreme Court has deemed that the state’s requirement for expert affidavits when filing professional negligence lawsuits, including medical malpractice cases, is against the state constitution, ruling that the current law is practically identical to two predecessor laws the court has also struck down.

  • October 26, 2017

    New Liability Theory Doesn’t Sink Med Mal Suit: Mich. Panel

    A Michigan appeals court has revived a medical malpractice lawsuit against a heart surgeon and clinic brought by a patient who suffered a stroke during surgery, sending the lawsuit back to the trial court to re-evaluate whether the patient can introduce a new liability theory he became aware of after launching his suit.

  • October 26, 2017

    Xytex Settles Claims Over Poorly Screened Sperm Donor

    Xytex Corp. and a same-sex couple who claim the sperm bank manager wasn’t honest about the educational and medical background of their sperm donor have settled their dispute, according to an order filed Wednesday in California federal court.

  • October 25, 2017

    RI Doc Admits To Health Fraud, Opioid Kickback Scheme

    A Rhode Island-based doctor has pled guilty to health care fraud and conspiring to receive kickbacks in exchange for prescribing a spray version of the opioid fentanyl to patients who didn’t necessarily have cancer pain, the U.S. Department of Justice said Wednesday.

  • October 25, 2017

    4th Circ. Backs $2.75M Jury Verdict Against Va. Doc

    The Fourth Circuit on Wednesday affirmed a $2.75 milion jury verdict for a woman whose son died of pulmonary emboli after a Virginia doctor allegedly missed symptoms of them during an emergency room visit, saying jurors' exposure to news reports about the doctor was not necessarily prejudicial.

  • October 25, 2017

    Maryland Hospital Sued By Patients Of Phony OB-GYN

    Dimensions Health Corp. is facing a putative class action filed Monday in Maryland federal court by patients of a former OB-GYN who delivered hundreds of babies and performed emergency cesarean sections despite fraudulently obtaining a medical license using a fake Social Security number.

  • October 25, 2017

    Gov’t Must Face Suit Over VA's Delayed Cancer Diagnosis

    The federal government will have to face a lawsuit claiming that staff at a U.S. Department of Veterans Affairs medical center waited four years before diagnosing a cancerous mass in a patient’s nose, resulting in more intensive treatment and permanent disability, a Florida federal court has ruled.

  • October 25, 2017

    Mt. Sinai Doc Dodges Malpractice Suit At NY Appeals Court

    A New York state appellate court on Tuesday threw out a patient’s lawsuit against the Mount Sinai neurologist she claimed should have diagnosed a malformed blood vessel in her brain, ruling that the patient hadn’t been able to establish that she had a legitimate case.

Expert Analysis

  • Weekly Column

    Innovating For Wise Juries: Openings Before Voir Dire

    Richard Lorren Jolly

    This week’s idea for improving civil jury trials is remarkably simple: Allow counsel to provide complete opening statements to the entire venire before voir dire begins instead of after the jury is impaneled, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • 5 Questions To Ask Client Before Proposing A Litigation AFA

    Gregory Lantier

    The first step in assembling an intelligent response to a request for an alternative fee arrangement is for outside counsel to be certain they understand the primary reasons that the client is making the request, say attorneys with WilmerHale.

  • 3 Key Areas Legal Operations Teams Should Focus On

    Jaime Woltjen

    These days, legal operations directors can easily get stretched too thin between responsibilities like overseeing support staff and taking on office management responsibilities. Legal operations teams should focus their time and effort on outside counsel management, technology planning and analytics, says Jaime Woltjen of Stout Risius Ross LLC.

  • Should Florida Hospitals Halt Peer Review?

    Dominic MacKenzie

    Despite the seemingly endless controversy surrounding discovery of certain records associated with peer review activities, health care providers in Florida must remain mindful that their obligation to perform good-faith peer review remains staunchly in place, says Dominic MacKenzie of Holland & Knight LLP.

  • Recap

    What The Experts Said About High Court Rulings This Term

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    With the U.S. Supreme Court term now concluded, we take a look back at some first impressions from the experts when the most impactful decisions for corporate law were handed down.

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Opinion

    Why Whole Woman’s Health Still Matters 1 Year Later

    Nancy Northup

    One year ago the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt decisively rejected the widespread anti-choice tactic of restricting women’s reproductive rights with sham legislation. A new lawsuit recently filed in Louisiana reveals exactly why that ruling is the most important decision on abortion rights in a generation, says Nancy Northup, president and CEO of the Center for Reproductive Rights.