Medical Malpractice

  • November 17, 2017

    W.Va. High Court Upholds Dismissal Of Hysterectomy Suit

    West Virginia’s high court on Friday affirmed the toss of a medical malpractice suit alleging that a doctor injured a patient during a hysterectomy, finding that the lower court rightly determined the suit was time-barred.

  • November 17, 2017

    Feds Broker $1.25M Nursing Home Substandard-Care Deal

    The operators of a Mississippi nursing home have agreed to pay $1.25 million to settle claims they billed Medicare and Medicaid for substandard care, the U.S. Department of Justice said Thursday.

  • November 17, 2017

    Appeals Court Revives Botched Birth Suit Against OB-GYN

    An Indiana appellate court panel on Friday revived a suit against an obstetrician-gynecologist accused of not warning a pregnant mother about the risk of serious complications during delivery, resulting in permanent nerve damage to her son.

  • November 17, 2017

    Hospital Must Face Hernia Surgery Suit, Texas Court Says

    A Texas appeals court has held that Texas Tech University Health Sciences Center can’t duck a malpractice lawsuit brought by a woman following a hernia surgery, rejecting the hospital’s claim that the suit should be dismissed because it wasn’t given “actual notice” within six months of the incident.

  • November 17, 2017

    Ex-Plastic Surgeon, Doc Arrested For Unlicensed Surgeries

    A plastic surgeon who lost his license a decade ago and a licensed physician have been arrested for allegedly performing more than 60 illegal plastic surgeries over the course of four years, the New York attorney general announced Thursday.

  • November 16, 2017

    NJ Yanks Doctor's License Over Unjustified Opioid Rx

    A New Jersey psychiatrist has been stripped of his license to practice after he allegedly prescribed 62,000 oxycodone pills to patients without justification and flouted new rules for prescription history monitoring, authorities said Thursday.

  • November 16, 2017

    Hospital Emails Will Be Evidence In Experimental Surgery Suit

    A Kentucky federal judge on Wednesday allowed several emails between hospital personnel to be admitted into evidence in a suit alleging that one of the hospital’s surgeons performed experimental bariatric surgery on a mentally disabled patient without consent.

  • November 16, 2017

    Texas Med Center's Win In Sciatic-Nerve Injury Suit Upheld

    A Texas appellate court on Thursday sided with The Medical Center of Southeast Texas in a patient's appeal of a jury verdict favoring the hospital over claims that a nurse injured the patient's sciatic nerve while giving him an injection for pain in his hip, saying the jury had properly interpreted the evidence.

  • November 16, 2017

    Doc Says $4.5M ‘Pill Mill’ Charges Are Tainted By Bias

    A physician urged a Georgia federal judge Wednesday to reject a magistrate judge’s recommendation to let stand his indictment on charges he operated two “pill mill” clinics in a $4.5 million scheme, saying search warrants against him relied on biased sources.

  • November 16, 2017

    NJ Board Can Order Drug Evaluation For Nurse, Court Says

    A New Jersey appeals court on Thursday backed the state nursing board’s order that a nurse suspected of being intoxicated at work undergo substance abuse evaluation and monitoring, ruling that the order was warranted for the nurse’s questionable, if not confirmed, conduct.

  • November 16, 2017

    Senate Bill Targets Opioid Safety For Vets Not Treated At VA

    A bipartisan group of senators on Wednesday introduced a bill that would require non-U.S. Department of Veterans Affairs doctors to follow the VA’s opioid prescription safety guidelines when treating veterans, in a further attempt to combat the opioid crisis.

  • November 15, 2017

    NJ Hospital, Doc Hit With More Claims Over Baby's Death

    The federal government brought additional claims against a doctor and Inspira Medical Center Vineland in New Jersey federal court Wednesday, alleging they were responsible for the death of a baby shortly after a breech birth and that they should cover its expenses as a defendant in an underlying medical malpractice suit.

  • November 15, 2017

    Ex-NJ Doctor Loses Appeal Over Ineffective Lawyer Claims

    The New Jersey Appellate Division on Wednesday refused an unlicensed doctor’s second bid to reverse his conviction on deception and insurance fraud charges, ruling that he made arguments that should have been raised earlier, including that his counsel was ineffective, and also attempted to relitigate issues that were already shot down in his original appeal.

  • November 15, 2017

    Ark. Appeals Court Lets Med Mal Jury Instructions Stand

    An Arkansas appeals court on Wednesday upheld a trial court’s jury instructions to only consider the testimony of nurses called as witnesses, not that of the patient, in a suit alleging that a nurse administered a steroid injection in the wrong location, determining that such instructions were required by law.

  • November 15, 2017

    Vet Who Says VA Hospital, Docs Botched Surgery Wants $7M

    A Nevada veteran has sued the U.S. government in federal court seeking $7 million, saying doctors at a Veterans Affairs hospital botched a vascular surgery that caused a loss of his leg and permanent disability.

  • November 15, 2017

    Calif. Hospital District Exits Suit Over Childbirth Death

    A California state-run hospital was let out of a medical malpractice suit in which an unnamed minor accused his mother’s doctors of causing her death after childbirth, with a federal court ruling Tuesday that the suit had not followed proper procedure for bringing claims against a state entity.

  • November 14, 2017

    W. Va. Court Won't Sink Doc's Hospital Retaliation Claims

    West Virginia's Supreme Court of Appeals on Monday refused to dismiss a doctor's claims against Camden-Clark Memorial Hospital Corp. alleging it retaliated against him for reporting patient safety concerns, finding that the hospital could not claim qualified immunity in its decision to fire him.

  • November 14, 2017

    Wis. Obstetrician Ducks Revival Of Failed-Sterilization Suit

    A Wisconsin state appellate court declined to revive a suit against an obstetrician who allegedly botched a sterilization procedure, ruling the patient’s expert had not been qualified and did not have a scientific basis for his opinion.

  • November 14, 2017

    Injectable Silicone Linked To Disfigurement, Deaths, FDA Says

    The U.S. Food and Drug Administration on Tuesday warned consumers and health care providers about the risks of serious injuries, disfigurement and even death associated with silicone injections falsely marketed as FDA-approved dermal fillers for boosting the size of butts, breasts and other body parts.

  • November 14, 2017

    No-Conference Claim Fails To Revive Wrongful Death Suit

    A New Jersey federal court declined Monday to reconsider its order tossing claims in a wrongful death suit, rejecting the argument that the court did not hold a necessary conference before ruling that an expert affidavit could not support the claims against a doctor, his practice and a hospital.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Opioid Epidemic Brings Ramifications For Physicians

    Joseph Gorrell

    The opioid epidemic is putting a white-hot spotlight on physicians for the foreseeable future. Careful adherence to regulations in their roles as both practitioner and employer can help physicians avoid unwanted scrutiny and penalties that could, at their harshest, threaten their livelihoods, say Joseph Gorrell and Matthew Collins of Brach Eichler LLC.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.