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Personal Injury & Medical Malpractice

  • January 2, 2018

    Ill. Panel Backs Health Group's Win In Brain Damage Case

    An Illinois appeals court has affirmed a trial win for a Memorial Health System affiliate accused of negligently discharging a newborn who suffered brain damage after developing bacterial meningitis, finding the lower court properly excluded a nurse practitioner’s expert testimony due to its potentially prejudicial impact.

  • January 2, 2018

    Indiana Panel Says Liver Transplant Suit Filed Too Late

    An Indiana state appeals court has refused to revive a lawsuit alleging a doctor failed to refer a liver disease patient for a life-saving transplant, ruling last week that the August 2014 complaint was filed beyond the state’s two-year time limit for medical malpractice actions.

  • January 2, 2018

    Ill. High Court Says Hospital Not Liable For Clinic's Care

    The Illinois Supreme Court on Friday declined to extend vicarious liability to Northwestern Memorial Hospital in a woman’s medical negligence suit over care she received at a separate health facility, saying the fact that some of that facility’s physicians practice at Northwestern is not enough to hold the hospital responsible.

  • January 2, 2018

    Ohio Court Says Patients Too Late On Spinal Surgery Claims

    An Ohio appellate court has ruled against two patients attempting to beat the state's statute of repose in their cases against a now-fugitive surgeon who allegedly induced them and dozens of others to undergo unnecessary spinal surgery and then bungled many of the operations.

  • January 2, 2018

    New Med Mal Trial Ordered Over Focus On Expert's Own Case

    An Illinois appellate court ruled on Friday that a trial court was wrong to allow a doctor sued for perforating a patient’s bowel to bring up a similar injury that the patient’s expert caused 20 years earlier, overturning a jury verdict in the doctor’s favor and ordering a new trial.

  • January 1, 2018

    Medical Malpractice Cases To Watch In 2018

    A Pennsylvania Supreme Court case that will decide how much significance social media can have on the discovery rule and constitutional challenges to caps on noneconomic damages in Wisconsin and Oklahoma are among the matters medical malpractice attorneys will be following in 2018. Here are five key cases for the upcoming year.

  • December 21, 2017

    No Proof Penis Injury Was Nurse's Fault, Iowa Panel Says

    An Iowa appeals court declined to revive a medical malpractice suit claiming a Midwest health care provider was responsible for injuring a patient’s penis, ruling Wednesday that the patient did not adequately link a nurse’s decision to the harm he suffered.

  • December 21, 2017

    The Biggest Med Mal Decisions And Verdicts Of 2017

    Record jury awards and major court rulings caught the attention of medical malpractice attorneys in 2017, including a Florida Supreme Court decision boosting patient privacy rights and another barring caps for noneconomic damages, a U.S. Supreme Court ruling affecting nursing homes, and a $62 million verdict in the nation’s smallest state.

  • December 21, 2017

    Texas Judge Erred In Med Mal Slaying Case, Panel Finds

    A Texas judge abused her discretion when she denied a Tennessee court-approved discovery request in an underlying medical malpractice case and sanctioned a Nashville psychiatric group that had treated a man who killed his father, a Texas appellate panel said Thursday.

  • December 21, 2017

    USA Gymnastics Paid To Quiet Medalist About Abuse: Suit

    USA Gymnastics "forced" Olympic gold medal-winning gymnast McKayla Maroney into a confidentiality agreement as part of a monetary settlement with the organization over sexual abuse allegations against former team doctor Larry Nassar, who has pled guilty to separate criminal sexual abuse charges, the gymnast alleged in a wider lawsuit filed Wednesday.

  • December 21, 2017

    Atty Relieved In $3M Scam Case After Not Getting Paid

    A New Jersey federal judge on Thursday granted an attorney's request to be relieved as counsel for a doctor who has not paid the lawyer for nearly a year in a case in which the physician has admitted to bilking Medicare and private insurers out of about $3 million.

  • December 21, 2017

    Pa. Nursing Home Settles Patient Death Suit

    The Devereux Foundation has agreed to pay $800,000 to end a wrongful death suit accusing staff at the organization's residential behavioral health facility in northeast Pennsylvania of failing to recognize symptoms of an infection in a developmentally disabled resident.

  • December 20, 2017

    Nursing Home Can't Access Patient Docs On Own, Judge Says

    A Maryland federal judge on Wednesday refused to allow a skilled nursing facility to communicate with health care providers who treated a deceased man at the center of a wrongful death suit without his stepdaughter’s permission or without her counsel being present, rejecting the argument that the move was necessary to create a more level playing field.

  • December 20, 2017

    Doctor Can't Shake Patient's Handshake Suit: Tenn. Court

    In a gripping opinion, a Tennessee appellate court has revived a woman's claim that her doctor crushed her fingers during a handshake, saying the state trial court wrongfully concluded that the customary greeting was part of the patient's health care.

  • December 20, 2017

    NJ Hospital Ducks Emotional Distress Claims In Med Mal Suit

    A New Jersey couple who filed a medical malpractice lawsuit over the death of their infant son can’t include the father’s emotional distress among their claims, because he didn’t immediately associate the alleged wrongdoing with the baby’s injuries, a federal judge ruled Tuesday.

  • December 20, 2017

    Mass. Courts Adopt New Rule To Speed Up Med Mal Cases

    The Massachusetts Superior Court announced Tuesday that it has adopted a new rule designed to move medical malpractice cases through the medical tribunal process more quickly by establishing strict deadlines for both attorneys and the Massachusetts Medical Society, which supplies lists of doctors for the tribunal.

  • December 20, 2017

    La. Court Flips Doctor’s Trial Win In Patient Death Suit

    A Louisiana appellate court overturned on Wednesday a jury verdict clearing a surgeon of responsibility for a patient’s death, ruling that the jury’s verdict that the doctor violated the standard of care but didn’t cause the patient’s death was “manifestly erroneous.”

  • December 20, 2017

    Ill. Court Revives Suit Over Patient’s Leg Amputation

    An Illinois appellate court on Tuesday revived a lawsuit accusing a Chicago hospital of missing a post-surgery infection that was then allegedly allowed to worsen until the patient’s leg needed to be partially amputated.

  • December 19, 2017

    Texas Doctors Group Gets Med Mal Discovery Order Nixed

    A Texas appellate panel on Monday issued a discovery ruling in favor of a physician practice group whose employee is being sued for medical malpractice, saying the trial judge erred in ordering the production of certain documents because the patient’s estate’s medical expert had not yet issued his report.

  • December 19, 2017

    Ohio Justices Affirm Atty’s Suspension For Bad Billing

    The Ohio Supreme Court on Tuesday imposed a two-year suspension on a former Weston Hurd LLP attorney for unethical and fraudulent billing practices for three nursing homes he was representing, saying the suspension and a restitution order of more than $20,000 was appropriate given the circumstances.