Medical Malpractice

  • January 19, 2018

    Pa. Appeals Court Slams Trial Court Over Transfer Order

    A Philadelphia County court “played into defendants’ hands” by ignoring a number of late filings and made other mistakes in deciding to transfer a medical malpractice suit over the death of a toddler to another court 60 miles away, a Pennsylvania appeals court said Thursday.

  • January 19, 2018

    HHS' Anti-Abortion Protections Put Hospitals On Notice

    The U.S. Department of Health and Human Services on Friday said it will get more assertive about ensuring that doctors and nurses can refuse to participate in abortions, a move that will encourage hospitals to assess employee attitudes on the subject.

  • January 19, 2018

    Ill. Court Affirms Doc’s Trial Win In Knee Surgery Suit

    An Illinois appeals court on Thursday affirmed a jury verdict in favor of a doctor accused of committing malpractice in a knee replacement, saying a trial court was within its rights to refuse to instruct the jury that evidence was missing.

  • January 19, 2018

    Vet Amputee Too Late To Sue VA, Gov't Tells 4th Circ.

    A veteran and leg amputee who claims that a West Virginia tolling law should have delayed the deadline for filing his case alleging U.S. Department of Veterans Affairs malpractice has neither solid factual basis nor case law to proceed with his lawsuit, the government told the Fourth Circuit on Thursday.

  • January 19, 2018

    Ex-United Pilot's $35M Bipolar Misdiagnosis Suit Tossed

    A Missouri federal court on Thursday dismissed a $35 million suit by a former naval aviator over an allegedly career-ruining bipolar misdiagnosis by a U.S. Department of Veterans Affairs hospital, saying that the suit was filed too late.

  • January 18, 2018

    Calif. High Court To Review Cedars-Sinai Anti-SLAPP Dispute

    The California Supreme Court on Thursday decided to review a suit over the suspension of a Cedars-Sinai Medical Center physician in connection with an allegedly botched spinal surgery, agreeing to review the hospital's appeal of a October decision that allowed the physician to continue the suit against the hospital over his suspension.

  • January 18, 2018

    La. Court Absolves Doc From Missing Fatal Sepsis In Patient

    A split Louisiana appellate panel on Thursday affirmed the dismissal of a suit accusing a doctor and a hospital of failing to properly treat a woman’s sepsis, which ultimately caused her death, saying the doctor properly ruled out sepsis given negative test results.

  • January 18, 2018

    Prosecutor Flustered By Surprise Motions At Insys Hearing

    Former executives at Insys Therapeutics Inc. charged with plotting to bribe fentanyl prescribers notched a quick win on evidence access Thursday at a Boston hearing that grew tense after defense counsel surprised a leading federal prosecutor with last-minute motions.

  • January 18, 2018

    Doc Not On Hook For ER Patient's Death, Court Says

    A Minnesota appellate court has nixed a medical malpractice case against a doctor who advised against admitting to the hospital an emergency room patient who went home and then died the next day, finding no doctor-patient relationship was ever established.

  • January 18, 2018

    Panel Backs Univ. Of Md. Hospital's Med Mal Trial Win

    A Maryland appellate panel on Wednesday affirmed a jury verdict clearing the University of Maryland Medical Systems of negligently piercing a patient's esophagus during surgery that purportedly contributed to the patient's death, saying certain expert testimony and evidence for the defense was properly allowed by the trial judge.

  • January 18, 2018

    USA Gymnastics Ends Deal With Karolyi Ranch Center

    USA Gymnastics on Thursday said it has ended its relationship with the Karolyi Ranch training center, one of the locations where former team doctor Larry Nassar is alleged to have molested gymnasts, an announcement that came amid a sentencing hearing in which Nassar pled guilty to sexual abuse charges.

  • January 18, 2018

    NJ Doc Cops To Bogus Opioid Prescriptions, Medicare Billing

    A doctor admitted in New Jersey federal court Thursday to selling unlawful prescriptions for oxycodone to a government operative in exchange for cash or access to welfare benefits, and to defrauding Medicare and Medicaid programs out of $30,000 in billing for allergy tests, authorities said.

  • January 18, 2018

    Pa. Court OKs Transfer In Patient’s Transport Injury Suit

    A Pennsylvania appeals court on Wednesday affirmed a trial judge’s decision to transfer out of Philadelphia a suit accusing health care providers of causing a man’s injury in a paratransit vehicle, even after determining the judge incorrectly classified the case as a form of medical malpractice.

  • January 17, 2018

    Insurer's Bid To Avoid $11M Coverage Stays Alive

    A Pennsylvania federal judge refused Wednesday to dismiss a suit seeking a declaration that Homeland Insurance Co. has no duty to help out a behavioral-health facility hit with an $11 million verdict after a patient left and shot someone, saying the claims are sufficiently pled at this stage.

  • January 17, 2018

    Chicago Hospital Accused Of Reusing HIV-Tainted Syringe

    Surgical staff at Chicago’s Northwestern Memorial Hospital allegedly reused a syringe previously used on an HIV-positive patient, according to a suit brought Tuesday in Illinois state court by a patient who claims he was exposed to the virus and misled by the hospital for a month before it admitted the mistake.

  • January 17, 2018

    Punitive Damages OK’d For NY Doctor’s Records Destruction

    A New York appellate panel ruled Wednesday that punitive damages were warranted in a suit accusing a doctor of improperly treating a diabetic child which caused death and later destroying the patient’s medical records, but said the punitive damages award of $7.5 million was excessive.

  • January 17, 2018

    Nursing Home Patient’s Family Can’t Revive Axed Jury Win

    A Florida appellate panel on Wednesday affirmed a trial judge’s decision to overturn a jury verdict in favor of the son of an elderly woman who allegedly died because of a nursing home’s negligence, saying the plaintiff's medical expert’s opinion was contradicted by the evidence.

  • January 17, 2018

    Gymnast Won't Be Fined For Speaking Of Doc's Alleged Abuse

    USA Gymnastics said Tuesday that it will not seek payment from Olympic gymnast McKayla Maroney for speaking out on sexual abuse allegations against former team doctor Larry Nassar, despite a 2016 settlement agreement allegedly giving the organization the right to do so.

  • January 17, 2018

    NJ High Court Won't Hear Med Mal Suit Over Injections

    The New Jersey Supreme Court has refused to disturb a lower appellate ruling that a medical malpractice suit over allegedly botched epidural injections was properly tossed because the patient did not submit a valid expert opinion, according to an order made public Wednesday.

  • January 17, 2018

    A Chat With Davis Wright CSO Mark Usellis

    In this monthly series, legal recruiting experts Amanda Brady and Amy Mallow of Major Lindsey & Africa interview law firm management from Am Law 200 firms about how they are navigating an increasingly competitive business environment. The second conversation is with Mark Usellis, chief strategy officer for Davis Wright Tremaine LLP.

Expert Analysis

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Will Life Sciences Companies Face More Scrutiny In 2018?

    John Bentivoglio

    The pace of U.S. Department of Justice settlements with life sciences companies slowed in 2017, suggesting a potential change in enforcement approach. It remains to be seen whether U.S. attorneys in key districts will take the reins and reverse this slowdown, say John Bentivoglio and Jennifer Bragg of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Opinion

    Can California Survive Without Tort Reform?

    Anthony Caso

    High taxes, excessive regulation and a lawsuit-happy culture are pushing businesses out of California — and the taxes they and their employees pay are going with them. Voters must scrutinize new ballot propositions, and demand reform of the state's civil liability system and elimination of unnecessary laws, says Anthony Caso, director of the Claremont Institute’s Constitutional Jurisprudence Clinic at Chapman University Fowler School of Law.