Medical Malpractice

  • September 19, 2017

    Pharmacy Solely Liable For Meningitis Outbreak, Clinic Says

    A Maryland surgical center’s role in a deadly 2012 meningitis outbreak is superseded by that of the pharmacy that made the tainted products, Box Hill Surgery Center LLC told a Massachusetts federal judge overseeing multidistrict litigation Monday.

  • September 19, 2017

    Judge OK's $4.5M Bond For Doc In Genital Mutilation Case

    Jumana Nagarwala, the Detroit emergency room doctor criminally charged in April with performing female genital mutilation on girls between the ages of 6 and 8 in Michigan, will be released on $4.5 million unsecured bond, a federal court spokesman announced Thursday.

  • September 19, 2017

    Ill. Court Revives Suit Over Patient's Pneumonia Death

    An Illinois state appellate court on Monday revived allegations against a hospital related to a missed pneumonia diagnosis that resulted in a patient’s death, ruling that the trial court had been too quick to dismiss liability claims linked to a nurse who treated the patient.

  • September 19, 2017

    Conn. Court Affirms Women's Health Center's Med Mal Win

    A Connecticut state appellate court ruled Tuesday that a trial court did not make a mistake when answering a jury question during deliberation in a suit accusing a birthing center of overlooking an obstetrical laceration that occurred during a woman’s labor, leaving in place a verdict for the center.

  • September 19, 2017

    Expert Testimony Gap Dooms Delayed Cancer Diagnosis Suit

    A Kentucky appellate court has decided not to revive a suit accusing a radiology clinic of delaying a woman’s breast cancer diagnosis and thus reducing her odds of survival, ruling that the patient did not have expert testimony to back up her claims for emotional distress.

  • September 18, 2017

    Self-Insured Hospital Must Produce Docs In Med Mal Suit

    In a split opinion Friday, an Illinois appeals court lifted a contempt order against Advocate South Suburban Hospital on Friday, writing that the hospital still had to produce documents in the medical malpractice suit following a patient's heart attack and death.

  • September 18, 2017

    Mother Gets Redo On Trial Over Newborn's Death

    A Tennessee appeals court on Monday overturned a jury's verdict that doctors who delivered a twin who died committed no medical liability, saying the jury was instructed wrongly that a complication that happened during labor might constitute a “sudden or unexpected emergency.”

  • September 18, 2017

    Both Sides Get Quick Wins In Pentasa Med Mal Suit

    A Maryland federal judge on Friday trimmed a suit claiming the treatment a patient received for Crohn’s disease at federal government facilities resulted in chronic kidney disease.

  • September 18, 2017

    Tribal Hospital Accused Of Negligence In Patient Death

    The estate of a woman who died at Fort Defiance Indian Hospital filed a wrongful death suit against the tribal medical center and several of its doctors and nurses in Arizona federal court, claiming the woman was not adequately protected from the fall that ultimately killed her.

  • September 18, 2017

    Testimony Narrowed Again In Hospital Wrongful Death Case

    A New Mexico federal judge on Friday decided to cut 10 experts for a hospital staffing agency and emergency room nurse in a suit over allegedly improper stroke medication, ruling that neither had been able to justify trying to add the new witnesses after discovery had already ended.

  • September 18, 2017

    Ill. Court Revives Brain Tumor Suit Despite Time Limits

    An Illinois state appellate court has decided to revive a case accusing a doctor of failing to inform a patient of a brain tumor, ruling that the original failure was time-barred but that the patient could pursue claims related to a later failure to review her file after the symptoms worsened.

  • September 15, 2017

    Hatch Pressures HHS To Act On Nursing Home Abuse

    Sen. Orrin Hatch, R-Utah, on Friday asked the U.S. Department of Health and Human Services for more information about how the agency plans to respond to its internal watchdog’s findings that physical and sexual abuse may go underreported by federally funded nursing homes.

  • September 15, 2017

    Doctor Urges High Court To Revive Suit Over $4M Settlement

    A doctor who accused his former hospital of purposefully contaminating his surgical tools has asked the U.S. Supreme Court to review the Second Circuit’s decision not to revive his follow-up suit against the Philadelphia law firm he claims pushed him to take a $4 million settlement agreement with the hospital.

  • September 15, 2017

    Fla. Hospital Takes Med Mal Arbitration Bid To High Court

    A Kindred Healthcare unit has asked the U.S. Supreme Court to review a Florida appeals court’s refusal to force the arbitration of medical malpractice claims, saying the decision violates the Federal Arbitration Act.

  • September 15, 2017

    Fed. Gov't Settles Atlanta VA Patient Death Suit

    The federal government on Thursday agreed to pay $500,000 to settle allegations that staff at a Department of Veterans Affairs hospital in Atlanta were careless in giving a patient pills, causing a choking incident that ultimately led to his death.

  • September 15, 2017

    Miss. High Court OKs Suit Over Unwanted Ovaries Removal

    The Supreme Court of Mississippi decided Thursday that a patient could continue pursuing her case against two doctors accused of sterilizing her without her consent, ruling that the consent form she signed before a laparoscopic procedure did not necessarily authorize doctors to remove her ovaries.

  • September 14, 2017

    Med Mal Suit Against Nursing Home Nixed Over Expert Report

    A Texas appellate panel Wednesday tossed a medical malpractice suit that accused a nursing home of being responsible for a patient’s death, saying an expert medical report submitted by the deceased’s estate failed to explain how brain bleeding played a role in her dehydration death.

  • September 14, 2017

    SC Court Nixes Doc’s Trial Win In Cancer Misdiagnosis Suit

    A South Carolina appellate court on Thursday reversed a trial judge’s decision to clear a doctor of failing to diagnose a man’s lung cancer, saying the judge imposed too high a burden on the patient’s estate to prove that the cancer spread from one lung to the other.

  • September 14, 2017

    Court Won't Undo Dr.'s Win In Botched Tracheotomy Suit

    An Ohio state appellate court on Thursday declined to overturn a jury verdict in favor of a doctor accused of botching a tracheotomy and causing it to become permanent, saying that the trial judge was right to let the doctor’s expert testify beyond the exact facts in his report.

  • September 14, 2017

    Fed. Gov't Agrees To Settle Missed Cancer Diagnosis Suit

    The federal government has agreed to pay $450,000 to settle an accusation that a federally funded New Jersey clinic failed to diagnose a woman’s cervical cancer, resulting in her death.

Expert Analysis

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Why Punishing Sexually Abusive Physicians Is Challenging

    Thomas Keech

    Last month, New York state revoked a doctor's medical license based on a vague order issued by the New Jersey State Board of Medical Examiners that potentially accused the doctor of sexual misconduct. The nationwide pressure to dumb down such orders is one of the reasons why sexual predation upon patients has been so difficult to root out, says Thomas Keech, consultant to the Maryland State Board of Physicians.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.