Medical Malpractice

  • July 24, 2017

    Nursing Home Death Suit Can’t Be Arbitrated: Ohio Court

    An Ohio appeals court on Monday reversed a trial judge’s ruling sending to arbitration a suit accusing a nursing home of being responsible for a patient’s death, saying the patient’s estate’s breach-of-contract claim was a veiled attempt to assert an untimely wrongful death claim.

  • July 24, 2017

    Med Mal Insurer Beats Bad Faith Claim In Patient Death Case

    A medical malpractice insurance company that helped defend a doctor against a wrongful death suit did not handle the claims of the patient’s estate in bad faith, a Kentucky appeals court ruled Friday, saying the patient’s estate did not meet the state’s rigorous standards for proving such a claim.

  • July 24, 2017

    Texas Panel Finds Flaw In Spinal Surgery Expert Report

    A Texas appellate court held Friday that the family of a patient who died during spinal surgery at a sports medicine and spinal clinic didn’t adequately link alleged negligence by the doctor with the patient’s death.

  • July 24, 2017

    Ind. Court Revives Suit Over Doc’s Child Abuse Report

    An Indiana state appellate court ruled Friday that the state’s Strategic Lawsuit Against Public Participation laws did not protect a doctor reporting suspected child abuse to social services, allowing a family to proceed in their case against a doctor who told the Department of Child Services she suspected the parents were deliberately inducing symptoms in their daughter.

  • July 24, 2017

    Hospital Fall Suit Needed Expert Witness, Mich. Panel Affirms

    A Michigan appeals court has upheld the dismissal of a man’s suit alleging that a hospital's failure to respond to his calls for assistance led to injuries after he fell while attempting to walk unassisted, ruling that his allegations constituted medical malpractice, and thus required presuit notice and expert testimony.

  • July 21, 2017

    The Best Law Firms For Female Partners

    Although women have made some strides toward gender parity in the lower ranks of law firms, breaking into the equity tier remains elusive. These 20 firms, however, are leaders in advancing equality at the top, earning them the designation of Law360 Ceiling Smasher.

  • July 21, 2017

    BigLaw Bias Suits New Wild Card In Fight For Gender Equity

    As gender bias suits pile up against law firms, it remains to be seen how they will impact recruiting in the industry. But some legal experts say firm leaders may want to look at the complaints as blueprints for change.

  • July 21, 2017

    Could An NFL Diversity Rule Be A BigLaw Game-Changer?

    In a bid to elevate more women to positions of authority, law firms are taking a page from the National Football League's playbook.

  • July 21, 2017

    The 2017 Law360 Glass Ceiling Report

    U.S. law firms have long been overwhelmingly dominated by men, particularly at the partnership level, and Law360’s latest Glass Ceiling Report shows that recent progress has been — at best — only incremental.

  • July 21, 2017

    How 4 Firms Are Moving The Needle On Gender Diversity

    A handful of law firms of various sizes and types are outpacing their peers on including women in their ranks. Here’s why four of them are positioned toward the front of the pack.

  • July 21, 2017

    4 Female Perspectives On BigLaw Leadership

    Only a handful of the largest U.S. law firms are led by women. Here, in their own words, are perspectives from Shook Hardy & Bacon Chair Madeleine McDonough, Crowell & Moring Chair Angela Styles, Morgan Lewis & Bockius Chair Jami Wintz McKeon and Goodwin Procter Chair Emeritus Regina Pisa.

  • July 21, 2017

    The Best Law Firms For Female Attorneys

    While the legal industry continues to struggle with gender parity, this year’s Glass Ceiling Report shows that some firms are ahead of the rest. Here, Law360 reveals its third annual ranking of the best law firms for female attorneys, based on their representation of women at the nonpartner and partner levels.

  • July 21, 2017

    Md. Panel Revives Woman's Time-Barred Hip Surgery Suit

    A Maryland appeals court on Thursday revived a woman’s lawsuit alleging that an improperly performed hip replacement surgery forced her to undergo several additional corrective procedures, ruling that questions remained as to when the woman could have learned that her continuing hip problems may have been due to surgeon negligence.

  • July 21, 2017

    Widow Sues NJ Medical Facilities Over Husband's Bedsores

    A New Jersey hospital and two rehabilitation facilities have been slapped with a medical malpractice complaint in state court by a woman claiming her husband, who had undergone spinal surgery, developed serious bedsores that led to his death last year.

  • July 21, 2017

    Nurse Properly Fired For HIPAA Violation, Ky. Court Rules

    A Kentucky appellate panel on Friday affirmed the dismissal of a suit accusing a hospital of unlawfully firing a nurse for violating the Health Insurance Portability and Accountability Act by disclosing a patient’s confidential health information, rejecting the nurse’s argument that the disclosure was incidental.

  • July 21, 2017

    Ky. Court Says No Expert Needed In Stroke Diagnosis Suit

    A Kentucky appellate court on Friday overturned a lower court's dismissal of a stroke patient’s suit against the doctor who allegedly ignored his symptoms, saying the need for prompt treatment of strokes was common knowledge and thus raised a question of causation in his case.

  • July 21, 2017

    Medical Malpractice Cases To Watch In The 2nd Half Of 2017

    A bid to have the U.S. Supreme Court review a Florida statute giving patients access to hospital incident reports and a looming California ruling affecting doctors on workers' compensation panels are among the medical malpractice cases attorneys will be following in the second half of 2017. Here, Law360 takes a look at four pending cases.

  • July 21, 2017

    Feds Settle NJ Mom’s Suit Over Newborn’s Arm Paralysis

    The federal government has agreed to settle a mother’s lawsuit alleging that her child suffered arm paralysis due to improper delivery and post-delivery care for $225,000, according to a filing in New Jersey federal court.

  • July 20, 2017

    Wis. Court Nixes Doctor’s Win Over Health Clinic Firing

    A Wisconsin appellate court on Thursday reversed a jury verdict in favor of a doctor claiming he was unlawfully fired following a health clinic operator’s internal probe of allegations of inappropriate touching of patients, saying his contract allows for termination without cause and therefore the suit should’ve been tossed.

  • July 20, 2017

    Patient’s Criminal Past OK’d As Evidence In Med Mal Case

    A Minnesota federal judge ruled Wednesday that Mayo Clinic Rochester can present evidence at a medical malpractice trial that the patient was previously convicted of forgery and theft during his time as an attorney, saying court rules allow the use of such evidence when a witness’ honesty is relevant.

Expert Analysis

  • Planning A Legal Career With A Future Relocation In Mind

    Jacqueline Bokser LeFebvre

    Lawyers move to New York City to work on some of the most sophisticated work the legal market has to offer. This exposure and experience is an amazing asset and many of the skills developed will make associates very marketable in the event they consider relocating to another market. However, this isn’t always the case, says Jacqueline Bokser LeFebvre of Major Lindsey & Africa.

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.