We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Personal Injury & Medical Malpractice

  • July 5, 2017

    Wis. Court Says State Med Mal Damages Cap Unconstitutional

    A Wisconsin appeals court on Wednesday struck down a state law limiting noneconomic damages in medical malpractice suits at $750,000, finding the statute to be unconstitutional because it unfairly reduces damage awards for patients who suffer the most serious injuries.

  • July 5, 2017

    Fla. Court Says Nursing Home Suit Belongs In Arbitration

    A Florida appellate panel ruled Wednesday that a suit accusing a nursing home of violating state regulations in connection with a patient’s death belongs in arbitration, saying the arbitration agreement signed by the patient’s daughter was not unconscionable.

  • July 5, 2017

    9th Circ. Upholds $17.5M Dental Verdict Against Continental

    The Ninth Circuit has largely upheld Continental Casualty Co.’s $17.5 million jury trial loss for negligently handling hundreds of dental malpractice claims, but found that a Washington federal court improperly reduced the jury’s verdict.

  • July 3, 2017

    Justice Stevens On Playing Politics With The High Court

    Justice John Paul Stevens discusses Merrick Garland, President Donald Trump, and how the Supreme Court has changed over the past few decades, in the first of two articles based on Law360’s interview with the 97-year-old retiree. This is part of an ongoing series of exclusive Law360 interviews with current and former Supreme Court justices.

  • July 3, 2017

    Pa. Court Says Trial Evidence OK In Med Mal Defense Verdict

    A Pennsylvania appeals court on Friday affirmed a jury’s decision to clear health care providers in a suit accusing a doctor and hospital of failing to properly diagnose a woman’s colon condition leading to her death, saying the trial judge’s evidentiary rulings were not an abuse of discretion.

  • July 3, 2017

    Fired Doctor’s Retaliation Suit Rightly Tossed: Ill. Court

    A psychiatrist’s suit alleging that a Chicago-area hospital improperly cared for his late wife and wrongly revoked his privileges to practice there after he raised concerns about the facility’s treatment was for the most part properly dismissed, an Illinois appeals court has ruled.

  • July 3, 2017

    Manorcare Must Face Suit Over Nursing Home Patient’s Death

    An Ohio appeals court on Monday revived a suit accusing an HCR Manorcare Inc. nursing home of being responsible for a patient’s death in connection with a fall causing a broken hip, saying the trial judge should’ve granted the patient’s estate extra time to fix a deficient medical expert’s report.

  • July 3, 2017

    Pa. Justices Urged To Keep UPMC On Hook In Hepatitis Suit

    Pennsylvania’s highest court is being urged to uphold a decision that could put the University of Pittsburgh Medical Center and a health care staffing firm on the hook after a worker they knew had stolen fentanyl syringes went on to spread hepatitis at a facility where he later held a job.

  • July 3, 2017

    The Biggest Med Mal Decisions Of 2017: Midyear Report

    With the first six months of the year in the books, the medical malpractice bar has seen the U.S. Supreme Court bring the hammer down on states’ attempts to circumvent arbitration in nursing home suits, two rulings by the Florida high court on damages caps and expert witnesses, and a Pennsylvania decision on a doctor's duty of informed consent. Here, Law360 looks back at some of the top medical malpractice decisions from the first half of 2017.

  • June 30, 2017

    Pa. Doctor, Hospital Win Med Mal Trial Over Patient Death

    A Pennsylvania federal jury on Thursday cleared a doctor and Thomas Jefferson University Hospital in a suit alleging a patient’s death was caused by the doctor’s failure to surgically implant a feeding tube as requested by the patient’s son, who had power of attorney for health care decisions.

  • June 30, 2017

    Health Center Not Owed Coverage For Suit, Insurer Says

    Philadelphia Insurance Indemnity Co. sued Behavioral Health Alternatives Inc. in Illinois federal court on Friday over the suicide of a BHA client, coverage for which PIIC believes it has grounds to rescind based on policy application information.

  • June 30, 2017

    Fed. Gov’t Inks $12M Deal To End Baby Brain Injury Suit

    The federal government will pay $12 million to resolve a suit accusing a doctor employed by a federally funded health clinic of failing to order a Cesarean section despite signs of fetal distress, causing a baby’s permanent brain damage, according to documents filed Thursday in Illinois federal court.

  • June 30, 2017

    Vague Expert Testimony Dooms Pa. Botched Care Suit

    A man’s lawsuit alleging a doctor negligently performed a biopsy was properly dismissed, a Pennsylvania appellate panel ruled on Thursday, finding the patient’s expert witness offered scientific generalities in his testimony that failed to establish that the doctor was responsible for the deterioration of the patient's pelvic bone.

  • June 30, 2017

    Jury Selection Error Spurs New Trial In Nursing Home Suit

    A New Jersey state appellate panel determined Friday that a trial court judge improperly failed to ask open-ended questions during jury selection in a suit by a deceased patient’s wife against a nursing home, throwing out a verdict in favor of the nursing home and reopening the case.

  • June 29, 2017

    Withdrawn Experts Can’t Revive Med Mal Suit: Colo. Court

    A Colorado appellate court on Thursday affirmed a win for doctors over claims they misdiagnosed an infant’s herpes simplex virus, backing a judge's refusal to let the baby’s mother call as witnesses two medical experts that the defense withdrew just before and during the trial.

  • June 29, 2017

    Calif. High Court Takes Up Row Over Patient Rights Law

    The California Supreme Court has agreed to review a jury’s finding that an HCR Manorcare nursing home acted with “conscious disregard” of an elderly patient’s rights which warranted statutory damages for each violation, according to an orders list published Thursday.

  • June 29, 2017

    Defense Win In NY Med Mal Suit Tossed Over Jury Instructions

    A New York appeals court on Thursday reversed a jury’s defense verdict and ordered a new trial in a suit accusing a hospital of being responsible for an intensive care unit patient’s bed sores, ruling that the judge failed to give the jury clarifying instructions in response to their question about the definition of “care and treatment.”

  • June 29, 2017

    Expert Can't Revive Suit Against Med Mal Atty Over Fees

    A lawyer was not personally responsible for paying the fees of a consulting medical expert in an underlying brain injury lawsuit, an Illinois appeals court has ruled, finding that the expert’s contract only obligated the attorney to hold any settlement or judgment money from the litigation while a court decided its distribution.

  • June 29, 2017

    Whether Boy's Death A Shock Ruled Irrelevant In Med Mal Suit

    A Pennsylvania federal judge ruled Wednesday that the question of whether or not parents were surprised by their child’s death was “beyond the scope” when considering whether to dismiss the parents’ claims for negligent infliction of emotional distress against the child's doctors.

  • June 28, 2017

    La. Court Adds $1.2M To $400K Jury Verdict In Med Mal Case

    A Louisiana appellate court on Wednesday added $1.2 million in special damages to a $400,000 award in a medical malpractice case, saying a surgeon's negligence directly caused the patient to lose his chance of a better outcome, which warranted special damages.