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Personal Injury & Medical Malpractice

  • July 27, 2017

    Pa. Court Clears UPMC In Failed Liver Transplant Suit

    A Pennsylvania appellate court declined to revive a suit accusing the University of Pittsburgh Medical Center of knowingly transplanting a diseased liver from a son to his mother, saying that the case was time-barred and rejecting arguments that the statutory window for bringing such claims was unconstitutional.

  • July 27, 2017

    NJ Ruling Could Spur Patient Suits Over HIPAA Violations

    A New Jersey appellate court’s decision to greenlight a suit accusing a doctor of unlawfully disclosing a patient’s HIV status could help other patients use invasion of privacy claims to go after providers for alleged violations of the Health Insurance Portability and Accountability Act, which doesn’t allow for private lawsuits, experts say.

  • July 26, 2017

    Hospital Keeps Jury Win In Suit Over Post-Surgery Choking

    An Illinois appeals court has upheld a jury's finding that a hospital was not liable for a post-surgery patient's choking death, saying the plaintiff's protests regarding the admission of expert witnesses and a conversation between defense counsel and a witness were unfounded.

  • July 26, 2017

    Federal Government Settles NJ Clinic Stillbirth Suit

    A New Jersey suit alleging that substandard care at a federally funded clinic led to a stillborn child was dismissed Tuesday after the federal government agreed to settle the claims for an undisclosed amount.

  • July 26, 2017

    Miss. Hospital Can’t Nix Suit Over Medical Docs Seen On TV

    A Mississippi federal judge on Tuesday rejected Alliance Health Partners LLC’s bid to dismiss a woman’s suit claiming that after she gave her baby up for adoption, the hospital company improperly disclosed her medical records to an attorney for the child’s father, who showed them on television.

  • July 26, 2017

    Woman Admits To Running Cancer Clinic Scam

    The owner of an Alabama-based clinic pled guilty Tuesday to charges she defrauded patients by pretending to be a naturopathic medical practitioner with experience in treating cancer, despite having no such credentials.

  • July 26, 2017

    Pa. Justices Snub Appeal Over Atty's $45K Sanction

    The Pennsylvania Supreme Court said Tuesday it would not hear an appeal of a decision upholding a nearly $45,000 sanction on a defense attorney who sent a purportedly intimidating letter to the employer of an opponent’s expert witness in a closely watched medical malpractice case.

  • July 26, 2017

    Flawed Trial Testimony Dooms Claims Against Nursing Home

    A Mississippi state appeals court on Tuesday refused to revive a suit accusing a nursing home of contributing to a resident’s death from sepsis, leaving in place a directed verdict in the home’s favor and agreeing with the trial judge that the resident’s family had not made a case against the home.

  • July 25, 2017

    Tenn. Court Says Presuit Notice Is OK, Revives Med Mal Suit

    A Tennessee appeals court on Tuesday revived a medical malpractice suit accusing a hospital of being responsible for injuries a patient obtained during hip surgery, saying the patient had met the state's presuit notice requirements that were recently clarified in a state high court ruling.

  • July 25, 2017

    10th Circ. Affirms Arbiter's Fee Award Against Nursing Home

    The Tenth Circuit ruled Tuesday that a New Mexico nursing home hadn’t provided a valid reason to throw out an arbiter’s decision to award the estate of a deceased former resident court costs and fees in her case against the nursing home.

  • July 25, 2017

    Mich. Hospital Says US Gov’t On Hook For Med Mal Case

    A Michigan hospital is demanding federal coverage for a medical malpractice case over a newborn’s developmental problems, saying in its own suit Monday that a government agency and its midwives, not hospital workers, were responsible for the alleged improper care.

  • July 25, 2017

    Patient Consent Irrelevant To Colonoscopy Suit, Court Says

    A New Jersey appeals court on Tuesday overturned a defense verdict in a woman’s suit accusing a doctor of causing complications due to an improperly performed colonoscopy, ruling that evidence of her “informed consent” to the procedure was improperly admitted to the jury.

  • July 25, 2017

    NJ Doc Can't Resume Work Without Restrictions, Court Says

    A New Jersey state appellate court decided Monday not to remove restrictions on a New Jersey doctor’s medical license, saying that an administrative board had not abused its authority in limiting her ability to practice medicine after she was diagnosed with a neurological disorder.

  • July 25, 2017

    Vet Sues VA For $11M Over Gait-Altering Hip Replacement

    A veteran has sued the federal government for $11 million, alleging that a Miami VA hospital improperly performed a hip replacement, causing him to suffer a discrepancy in the length of his legs that led to back pain and altered walking.

  • July 24, 2017

    Nursing Home Death Suit Can’t Be Arbitrated: Ohio Court

    An Ohio appeals court on Monday reversed a trial judge’s ruling sending to arbitration a suit accusing a nursing home of being responsible for a patient’s death, saying the patient’s estate’s breach-of-contract claim was a veiled attempt to assert an untimely wrongful death claim.

  • July 24, 2017

    Med Mal Insurer Beats Bad Faith Claim In Patient Death Case

    A medical malpractice insurance company that helped defend a doctor against a wrongful death suit did not handle the claims of the patient’s estate in bad faith, a Kentucky appeals court ruled Friday, saying the patient’s estate did not meet the state’s rigorous standards for proving such a claim.

  • July 24, 2017

    Texas Panel Finds Flaw In Spinal Surgery Expert Report

    A Texas appellate court held Friday that the family of a patient who died during spinal surgery at a sports medicine and spinal clinic didn’t adequately link alleged negligence by the doctor with the patient’s death.

  • July 24, 2017

    Ind. Court Revives Suit Over Doc’s Child Abuse Report

    An Indiana state appellate court ruled Friday that the state’s Strategic Lawsuit Against Public Participation laws did not protect a doctor reporting suspected child abuse to social services, allowing a family to proceed in their case against a doctor who told the Department of Child Services she suspected the parents were deliberately inducing symptoms in their daughter.

  • July 24, 2017

    Hospital Fall Suit Needed Expert Witness, Mich. Panel Affirms

    A Michigan appeals court has upheld the dismissal of a man’s suit alleging that a hospital's failure to respond to his calls for assistance led to injuries after he fell while attempting to walk unassisted, ruling that his allegations constituted medical malpractice, and thus required presuit notice and expert testimony.

  • July 21, 2017

    The Best Law Firms For Female Partners

    Although women have made some strides toward gender parity in the lower ranks of law firms, breaking into the equity tier remains elusive. These 20 firms, however, are leaders in advancing equality at the top, earning them the designation of Law360 Ceiling Smasher.