Medical Malpractice

  • 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.

  • May 16, 2017

    How To Help Your Med Mal Verdict Survive on Appeal

    Attorneys for medical malpractice plaintiffs who win a jury or bench verdict can steel themselves for a likely appeal by being acutely aware of disputes over evidence and jury instructions and laying the groundwork before, during and after the trial to ward off those challenges.

  • May 16, 2017

    Appeals Court Nixes Retrial Bid In PeaceHealth Death Suit

    A Washington state appeals court on Monday shut down an attempt to retry a wrongful death suit against a PeaceHealth medical center, saying the trial judge was not expressing an opinion when she asked an expert witness about the source of his information and referenced his testimony in front of a jury.

  • May 16, 2017

    Patients Can’t Stay Anonymous In Doctor Sex Assault Suit

    A Connecticut appeals court on Monday affirmed a trial judge’s decision denying two patients the continued use of pseudonyms in a suit accusing a pediatrician of sexual assault and medical negligence, saying the patients didn’t provide enough evidence to justify keeping their identities hidden.

  • May 16, 2017

    VA, Doctors Did Right By Vet In Treating Cancer, Court Says

    A Pennsylvania federal judge on Tuesday cleared the U.S. government of claims it bungled cancer treatments for a Vietnam veteran, saying the man hadn’t proved the U.S. Department of Veterans Affairs doctors harmed him or that their treatment wasn’t up to par.

  • May 16, 2017

    Ky. Doctor’s Probation Reversed Over Partial Record Review

    A Kentucky appellate panel has overturned a Kentucky doctor’s five-year probation handed down by the state medical board for allegedly exchanging sexual favors for drugs, saying the board did not review enough of the record before issuing its final order.

  • May 16, 2017

    Houston Hospital Gets Liability Claims Nixed On Appeal

    Texas' 14th Court of Appeals on Tuesday sided with Hopebridge Hospital Houston in a lawsuit brought against it by a former patient holding that the intentional tort claims of battery and assault the patient brought do constitute health care liability claims and are therefore required to be accompanied by an expert's report.

  • May 16, 2017

    IHS Hit With Negligence Suit Over Infant Brain Injuries

    The Indian Health Service and the Chickasaw Nation Medical Center were hit with a suit on Monday from the parents of a boy who alleged that they have suffered enormous expenses because of the care required for their child as a result of his brain damage at the center.

  • May 15, 2017

    Justices Send States Warning Against Snubbing Arbitration

    The U.S. Supreme Court’s decision Monday that the Kentucky Supreme Court must consider a nursing home arbitration agreement in a wrongful death case should put state courts on notice that they can’t “covertly” circumvent the Federal Arbitration Act, experts said, although it’s unclear if it will embolden more health care providers to use such pacts.

  • May 15, 2017

    Emory Says Co. Had Duty To Defend It In Med Mal Suit

    A contractor that ran a sleep lab at Emory University should have indemnified the school in a $20 million medical malpractice suit over the death of a sleep study participant, according to a lawsuit in Georgia federal court on Friday.

  • May 15, 2017

    Ill. Hospital Loses Records Fight In Patient Fall Suit

    An Illinois hospital is not barred by medical privacy laws from sharing with personal injury plaintiffs the contact information of a patient who may have seen the fall at the center of the suit, a state appeals court has ruled.

  • May 15, 2017

    Appeals Court OKs Drunken Driving Injury For Med Mal Jury

    A Michigan state appeals court has upheld a decision to let a jury hear that a patient suing his former doctor had previously been injured in a car accident while driving drunk, ruling that the accident and its cause were relevant to the case.

  • May 15, 2017

    Senator Floats Bill For Stricter VA Hiring Standards

    Sen. Jeff Flake, R-Ariz., has introduced a bill that would prevent the U.S. Department of Veterans Affairs from hiring or transferring employees who have been convicted of work-related felonies within the past 10 years or had their medical licenses suspended or revoked.

  • May 15, 2017

    Plaintiffs Bar Perspective: Standly Hamilton's Chris Hamilton

    We’re living through an era — brought about by “tort reform” and other such misguided ideas — where we’re seeing an unprecedented assault on the Seventh Amendment guarantee of trial by jury, says Chris Hamilton of Standly Hamilton LLP.

  • May 15, 2017

    Supreme Court Says FAA Preempts Ky. Arbitration Rule

    The U.S. Supreme Court ruled Monday that the Kentucky high court’s refusal to send to arbitration a wrongful death suit filed against a nursing home ran afoul of the Federal Arbitration Act, saying the state justices' ruling was tailored to “black swan” contracts and arbitrations.

Expert Analysis

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.