Medical Malpractice

  • April 5, 2013

    Multiple Theories Not Needed In Expert Report: Texas Justices

    Texas’ highest court on Friday ruled state law does not require a medical malpractice plaintiff to disclose all of her legal theories in a statutorily required expert report, denying a bid by Presbyterian Hospital of Denton to dodge the suit.

  • April 5, 2013

    Jury Orders UnitedHealth To Pay $24M Over Hep C Outbreak

    A Nevada state jury Thursday found two United HealthCare Services Inc. units had negligently failed to monitor a doctor responsible for a hepatitis C outbreak, awarding $24 million to two patients who were infected with the disease.

  • March 28, 2013

    NJ Appeals Court Says Experts Can Testify On Same Subject

    A New Jersey appellate court on Thursday reversed a lower court's verdict and ordered a new trial after finding the judge in the medical malpractice suit had erred by blocking the plaintiff from presenting multiple expert witnesses to testify on the same subject matter.

  • March 20, 2013

    Supreme Court Throws Out Medicaid Tort Recovery Law

    In a win for doctors hoping to avoid negligence trials, the U.S. Supreme Court on Wednesday voided a North Carolina law allowing Medicaid to seize one-third of personal injury settlements as reimbursement for health care costs, citing a federal ban on recouping money not awarded for medical expenses.

  • March 13, 2013

    Ariz. High Court Upholds Medical Malpractice Experts Law

    The Arizona Supreme Court on Tuesday upheld a state law requiring plaintiffs' experts in medical malpractice suits to have the same medical specialty as the accused, ruling the law didn't deny due process and was therefore constitutional.

  • March 4, 2013

    US Not Immune From Medical Malpractice Suits: High Court

    The U.S. Supreme Court on Monday revived a military veteran’s medical malpractice suit against the federal government over unsuccessful eye surgery after finding the Federal Tort Claims Act doesn’t provide immunity.

  • February 26, 2013

    Pa. Court Says Nonspecialist Experts OK In Malpractice Suits

    The Pennsylvania Superior Court ruled Monday that experts testifying against medical specialists in malpractice suits do not need to be certified in the same specialty, but must show only that they are qualified based on their experience in a related field.

  • February 6, 2013

    Texas High Court Asked To Set Award In Malpractice Case

    Attorneys for an OB-GYN fighting a $12 million malpractice award urged the Texas Supreme Court on Wednesday to assert that it has jurisdiction to determine the award amount and to enforce the judgment in a decadelong tug-of-war between trial and appeals courts.

  • January 18, 2013

    Insurer Must Pick Up Tab On $3M Malpractice Defense

    A Washington federal judge said Friday that Greenspring Financial Insurance Ltd. must reimburse Interstate Fire & Casualty Co. the $3 million it paid in an underlying medical malpractice settlement, dismissing Greenspring's claim that a magistrate judge wrongly decided the matter.

  • January 17, 2013

    Lewis Brisbois Sued Over $6M Medical Malpractice Ruling

    Lewis Brisbois Bisgaard & Smith LLP was hit with a malpractice suit by a Los Angeles doctor Tuesday accusing the law firm of professional negligence in an underlying medical malpractice lawsuit in which the doctor faced a $6 million judgment.

  • January 16, 2013

    NFL Doc Blames Smith & Nephew For $2.2M Malpractice Suit

    Medical equipment manufacturer Smith & Nephew Inc. has been hit with a $2.2 million lawsuit by a San Diego Chargers team doctor alleging the company improperly taught him a new hip surgery method that resulted in a multi-million dollar medical malpractice settlement, according to a suit removed to a California federal court Tuesday.

  • January 16, 2013

    Texas Court Blocks Release Of Chiropractor Docs

    A Texas appeals court on Wednesday reversed a lower court ruling that the Texas Board of Chiropractic Examiners must release documents on the investigation of complaints against its members, finding that the trial court misinterpreted state law in its decision.

  • January 16, 2013

    Pfizer Says Off-Label Marketing FCA Suit Falls Short

    Pfizer Inc. asked a Massachusetts federal court on Tuesday to dismiss a False Claims Act whistleblower suit alleging that it improperly promoted off-label use of a schizophrenia drug, saying that the plaintiffs have failed to show that the drugmaker actually defrauded federal health care programs.