Medical Malpractice

  • 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.

  • July 12, 2017

    Justice Breyer On Changing His Mind And Sparring With Scalia

    Justice Stephen Breyer discusses the extent to which oral arguments can influence his thinking and recalls his many debates with the late Justice Antonin Scalia, in the second of two articles based on an exclusive interview.

  • July 12, 2017

    Feds Denied Early Out In Malpractice Suit Over Eye Surgery

    The federal government must face a man’s lawsuit claiming an eye surgery performed at a naval hospital caused him vision problems and eye pain, a Guam federal court ruled Tuesday, finding that he had properly demonstrated the possibility that he withdrew consent for the procedure.

Expert Analysis

  • 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.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Opinion

    Pro-Business Agenda Threatens Consumer Legal Funding

    Jeremy Kidd

    The current push by the U.S. Chamber of Commerce to ban consumer legal funding is an example of a pro-business policy masquerading as a pro-market policy. Voters should demand pro-market reforms and reject protectionist tariffs that threaten our economic growth and innovation, says Jeremy Kidd of Mercer University's Walter F. George School of Law.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.