Personal Injury & Medical Malpractice

  • February 13, 2017

    Ga. Court Revives Suit Against Hospitals Over Bad Biopsy

    A Georgia appeals court on Monday revived a man’s suit against two hospitals and doctors in connection with a purportedly botched lung biopsy, saying certain claims alleging intentional misconduct were wrongly dismissed by the trial court as professional negligence claims.

  • February 13, 2017

    Uncertainty Over Claim Timing Preserves Premature-Birth Suit

    Lingering questions about when a U.S. Department of Health and Human Services office received a $20 million claim that negligent care caused a premature birth mean the government isn’t entitled to a quick win in the Federal Tort Claims Act lawsuit brought by the child’s mother, a judge ruled in California federal court last week.

  • February 13, 2017

    Nursing Home Must Produce Documents In Negligence Suit

    An Illinois appeals court on Thursday affirmed a trial court's ruling ordering a nursing home to produce certain documents in a medical negligence suit over a patient's fall, saying state Supreme Court precedent dictates that the documents are not protected by Illinois' Medical Studies Act.

  • February 13, 2017

    No Error In Lexapro Med-Mal Trial, NJ Panel Says

    The New Jersey Appellate Division on Monday refused to disturb a jury verdict in favor of a doctor accused of failing to warn a patient that suicide was a possible side effect of the antidepressant Lexapro, ruling that the defense counsel didn’t make improper comments during trial.

  • February 10, 2017

    Continental Asks 9th Circ. To Toss $17.5M Dental Verdict

    Continental Casualty Co. urged the Ninth Circuit on Friday to scrap its $17.5 million jury trial loss for negligently handling hundreds of dental malpractice claims, arguing the insurance company was itself defrauded by the dentist about the nature of the claims, and shouldn't be punished for covering them.

  • February 10, 2017

    Ala. High Court Rules On Hospital's Vicarious Liability

    A split Alabama Supreme Court on Friday affirmed a trial court’s summary judgment ruling clearing a hospital of vicarious liability in a medical malpractice case, saying under state regulations the hospital didn’t have a duty of care regarding contract emergency room doctors.

  • February 10, 2017

    Fla. Court Puts Brakes On Punitive Damages In Med Mal Suit

    A Florida appeals court on Friday quashed a lower court's order allowing a medical malpractice plaintiff to introduce amended claims for punitive damages during a hearing, ruling that doing so was unfair to the doctors being sued.

  • February 10, 2017

    Expert's Stroke Testimony Not Unfair, Ohio Panel Says

    An Ohio appellate court said Wednesday that a trial judge was wrong to grant a new trial in a case that ended in a jury verdict for a hospital accused of medical malpractice over a patient's stroke, saying certain allowed expert testimony did not unfairly sway jurors.

  • February 10, 2017

    WV High Court Says Patient Fall Suit Should Be Med Mal Case

    The Supreme Court of Appeals of West Virginia on Thursday affirmed a trial court’s decision to block the widow of a man who allegedly died from a fall at an urgent care center from pursuing her case as a negligence suit, saying the case falls within the ambit of the state’s medical malpractice law.

  • February 10, 2017

    Texas Hospital Gets Case Tossed On Deficient Expert Report

    A Texas appellate court on Friday dismissed wrongful death claims against a post-acute care hospital accused of leaving a gauze pad in a patient’s airway that caused her to suffocate, saying expert reports filed in the case didn’t identify the hospital as the wrongful actor.

  • February 9, 2017

    Gov’t Must Pay $4.9M For Botched Birth Control Implant

    A California federal judge on Wednesday ordered the federal government to pay $4.9 million in a medical negligence suit accusing a military hospital of implanting an IUD birth control device in a woman without detecting that she was pregnant, resulting in permanent injuries to her baby.

  • February 9, 2017

    Fugitive Doc Med Mal Suit Sent Back To Ohio State Court

    An Ohio federal judge on Wednesday remanded to state court a suit accusing a surgeon who purportedly performed hundreds of unnecessary spinal surgeries before fleeing the country as a fugitive, saying the parties have been fighting over the venue for years and that "it is time to get on with it."

  • February 9, 2017

    Wash. High Court Says Intuitive Had Duty To Warn Hospital

    Washington state’s high court ruled Thursday that manufacturers must warn those who buy their products about related risks, vacating a jury verdict that Intuitive Surgical Inc. previously won in a case over a botched surgery that contributed to a man’s death.

  • February 9, 2017

    Doctor Can’t Reopen Ex-Patient Malicious Prosecution Suit

    A California appeals court on Thursday affirmed a trial court ruling clearing a former medical malpractice plaintiff of malicious prosecution, saying the doctor didn’t prove the former patient acted with malice and without probable cause when she sued him for failing to diagnose her pelvic disease.

  • February 9, 2017

    VA Hospital Sued Over Prostate Cancer Death

    The U.S. was hit Wednesday with a wrongful death lawsuit in South Carolina federal court, alleging the doctors of a now-deceased veteran did not follow up on abnormal test results that could have resulted in earlier detection of the prostate cancer that killed him.

  • February 9, 2017

    15 Suits Over VA Staffer's Sexual Assault Are Consolidated

    A Kansas federal judge on Tuesday consolidated 15 similar suits, all accusing a former physician’s assistant at two U.S. Department of Veterans Affairs hospitals of sexual assault during medical examinations, ruling that combining the cases would speed discovery and allowed the veterans to depose their alleged assailant.

  • February 8, 2017

    Iowa Appeals Court Tosses Orthodontist Med Mal Suit

    An Iowa appellate court on Wednesday affirmed the dismissal of a patient’s medical malpractice suit accusing an orthodontist of failing to properly prepare her for jaw surgery, which purportedly resulted in nearly a year of additional treatment, saying the patient didn’t provide required expert testimony.

  • February 8, 2017

    Ky. Advances Bill To Bar Peer Reviews In Med Mal Cases

    A Kentucky Senate committee on Wednesday advanced a bill that would prevent medical malpractice plaintiffs from using hospital peer reviews in lawsuits filed against doctors, as state lawmakers hope to join many other states with similar laws already in place.

  • February 8, 2017

    $110M Med Mal Suit Against Calif. VA Hospitals Settled

    A California federal judge on Tuesday dismissed a $110 million medical malpractice suit accusing two U.S. Department of Veterans Affairs hospitals of providing negligent care to a patient that purportedly led to his death after the parties agreed to settle the matter for an undisclosed amount.

  • February 8, 2017

    Wis. Appeals Court Backs Defense Verdict In Bad Birth Suit

    A Wisconsin appellate court on Wednesday effectively upheld a jury verdict clearing an obstetrician of liability in connection with a newborn's shoulder injury, saying a trial court did not err by ordering a new trial regarding the issue of informed consent.