Medical Malpractice

  • May 26, 2017

    Fed Circ. Revives Vet's Suit Over Benefits After Non-VA Care

    The Federal Circuit on Friday revived a suit challenging the denial of disability benefits for a veteran who suffered injuries during a privately performed surgery recommended by a Veterans Affairs doctor, saying there were unresolved issues as to whether the surgery was prompted by VA care.

  • May 26, 2017

    Bad Medical Care Suit Restored By Tennessee Appeals Court

    A Tennessee appellate panel on Friday partially restored a suit accusing doctors of providing substandard medical care during a baby’s delivery, which purportedly caused both the mother and newborn to suffer brain damage and other injuries, saying the child’s claims were timely filed.

  • May 26, 2017

    VA Should Be Sanctioned For Evidence Fraud, Court Told

    The estate of a military veteran who committed suicide due to a Veterans Affairs hospital’s alleged negligence asked a South Carolina federal judge Thursday to impose sanctions on the agency for trying to pass off a letter sent to a different patient as the one purportedly sent to the veteran.

  • May 26, 2017

    Wis. Court Affirms Jury Verdict In Mental Patient Suicide Suit

    A Wisconsin appeals court upheld a jury verdict largely clearing a mental health facility of  liability for a patient’s suicide, finding that jury questions asking if the man who committed suicide was able to understand the risks of attempting suicide were valid.

  • May 26, 2017

    Pa. Judge Tosses Nursing Home Death Suit Over Jurisdiction

    A suit alleging a nursing home was responsible for a resident’s death from a fall has to be dismissed, a Pennsylvania federal judge ruled on Thursday, as the victim was a resident of the state the facility was in, precluding federal jurisdiction.

  • May 25, 2017

    Texas Doctor Can’t Dodge Suit Over Stillborn Baby

    A Texas appeals court on Thursday declined to dismiss a suit accusing a doctor of negligent treatment of a pregnant woman that purportedly led to the death of her baby, saying the patient submitted plausible expert witness testimony.

  • May 25, 2017

    NY Docs Can't Escape Suit Over Injurious Prenatal Care

    Two New York doctors will have to face a medical malpractice suit claiming that they bungled a woman’s prenatal care, resulting in her child’s cerebral palsy, an appellate court ruled Wednesday, finding that conflicts in the two sides’ expert testimony precluded early dismissal of the case.

  • May 25, 2017

    114 Suits Can Count As 2 In Hospital Insurance Row: Judge

    A Tennessee Chancery Court judge has denied Steadfast Insurance’s bid for a quick win over a health care company in a fight over how many malpractice suits can be classed as one “medical incident” for deductible purposes, saying the company’s interpretation of the policy was reasonable, according to a decision unsealed Thursday.

  • May 25, 2017

    Pa. Jury Awards $2M In Botched Gallbladder Surgery Suit

    A Pennsylvania state jury has awarded a woman $2 million in a medical malpractice suit accusing a physician of botching a gallbladder removal surgery, which caused the patient numerous injuries requiring multiple corrective procedures.

  • May 25, 2017

    Feds Must Face VA Hospital Suit Over Prostate Cancer Death

    A South Carolina federal court on Wednesday declined to dismiss a lawsuit alleging Department of Veterans Affairs doctors failed to see the signs of a late veteran’s prostate cancer early enough, ruling that the case was likely filed soon enough after the alleged diagnosis failure was noticed.

  • May 25, 2017

    11th Circ. Revives Prisoner's Medical Neglect Case

    A Florida prison inmate has stated a claim for deliberate indifference against officials at two correctional facilities, the Eleventh Circuit ruled Wednesday, reviving the man’s pro se lawsuit over a brutal beating he said he received in a mess hall.

  • May 24, 2017

    Ind. Court Tosses Patient Wins In Needless Surgery Suits

    An Indiana appellate court affirmed a trial judge’s decision to set aside six default judgments against a hospital in connection with allegedly unnecessary surgeries, saying the hospital credibly argued that it missed certain medical malpractice review panel deadlines due to the death of its attorney’s spouse.

  • May 24, 2017

    Md. High Court Says Evidence OK In Radiologist’s Trial Win

    Maryland’s highest court ruled Wednesday that evidence of nonparties’ medical negligence, which helped a radiologist win a malpractice trial, was properly allowed, saying the importance of the radiologist receiving a fair trial outweighed the risk of having the jury’s decision improperly influenced by the evidence.

  • May 24, 2017

    NJ High Court Won't Revisit Dismissal Of Med Mal Row

    The New Jersey Supreme Court has declined to take up a medical malpractice lawsuit against Somerset County Medical Center and two of its doctors after an appeals court ruled that a discovery extension was properly denied.

  • May 24, 2017

    Ill. Appeals Court Backs Bar Of Testimony In Negligence Suit

    An Illinois appellate court has upheld a trial court’s decision to block testimony about an alleged missing page in a patient’s chart in a lawsuit accusing a Chicago doctor of substandard care, ruling that the trial court was right to conclude the testimony would only have been speculation.

  • May 24, 2017

    Late Expert Report Sinks Pa. Suit Over Nursing Home Death

    A suit alleging that a nursing home’s negligence led to a resident’s death can’t be revived, a Pennsylvania state appeals court ruled on Tuesday, as the plaintiffs did not submit required expert testimony on time.

  • May 24, 2017

    Plaintiffs Bar Perspective: Ratzan Law Group's Stuart Ratzan

    Some people think it's a good thing that jury trials are less common today, but I think it's another example of a society where the common man is removed from the democratic process, says Stuart Ratzan, shareholder with Ratzan Law Group.

  • May 23, 2017

    Claims Nixed In VA Physician Assistant Sex Assault Suit

    A Kansas federal judge on Monday dismissed a negligent hiring claim against the federal government in a suit accusing a former Veterans Affairs physician's assistant of sexual assault, but allowed the primary medical negligence claim to move forward.

  • May 23, 2017

    Mo. Hospital Fraud Suit Barred By Limit On Med Mal Claims

    A Missouri appellate panel on Tuesday dismissed as untimely a suit accusing a hospital of injuring a patient during an imaging procedure and then failing to keep records of it, saying the patient's claims of fraud amount to medical negligence, which has a two-year time limit.

  • May 23, 2017

    Ophthalmology Clinic’s Jury Win Affirmed In Lost Eye Suit

    A Missouri appellate panel on Tuesday affirmed a jury verdict clearing an ophthalmology clinic of offering substandard care that purportedly caused a patient to eventually lose her right eye, rejecting the patient’s allegations of witness tampering and misrepresentation of evidence.

Expert Analysis

  • Nursing Homes Still Face Arbitration Agreement Uncertainty

    Eugene Giotto

    An arbitration agreement that is properly drafted and executed can provide businesses, specifically those in the long-term care industry, with a cost-effective route to dispute resolution. However, even with the U.S. Supreme Court’s recent decision in Kindred Nursing Centers v. Clark, businesses should be aware of state court views regarding the enforceability of these agreements, say Eugene Giotto and Gabrielle Lee of Cozen O'Connor.

  • The Expert Witness Who Will Explode

    Bruce Gerstman

    When an expert witness takes the stand, one should not assume that the only challenge will be to their testimony. An investigation into the background of a witness may turn up lawsuits, dubious credentials, a misstated educational or employment record or other problems. Any of these may irreparably damage a witness' credibility on the stand, says Bruce Gerstman of Waterfront Intelligence Inc.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Top Lessons Learned From Medical Malpractice Trials

    Bryan Thompson

    Considering the stakes of any medical malpractice litigation, attorneys who represent doctors, hospitals, medical facilities and other health care providers should take a number of key lessons to heart, say attorneys with Lewis Brisbois Bisgaard & Smith LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • 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.