Personal Injury & Medical Malpractice

  • February 2, 2017

    Fed. Gov’t To Pay $585K In VA Hospital Wrongful Death Suit

    The federal government agreed to pay $585,000 to resolve claims brought by the family of a woman who died due to Baltimore VA Medical Center staff's allegedly negligent treatment of a collapsed lung, according to documents filed Thursday in Maryland federal court.

  • February 2, 2017

    Ariz. Court Backs $4.25M Verdict For Wire Left In Patient

    An Arizona appellate panel on Thursday affirmed a $4.25 million jury award for a patient who suffered numerous injuries due to a wire in his femoral artery left by a doctor following treatment for severe burns, saying it was not "shocked" by the award amount.

  • February 2, 2017

    Va. High Court Says Fusing Wrong Vertebrae Wasn't Battery

    In reversing a trial win in a suit accusing a doctor of tortious battery for fusing the wrong vertebrae in a patient’s spine, the Virginia Supreme Court said Thursday the doctor’s actions sounded in medical negligence rather than battery.

  • February 2, 2017

    'Speculative' Expert Testimony Dooms Hospital Med Mal Suit

    A New York appeals court affirmed a lower court's decision tossing a negligence suit accusing St. Luke's-Roosevelt Hospital of failing to prevent a now-deceased patient's fall, which allegedly caused bleeding in her brain, holding Thursday that the expert opinion supporting that theory was "too speculative."

  • February 2, 2017

    Fla. High Court Got Med Mal Arbitration Case Right: Couple

    A couple has told the Florida Supreme Court not to rethink a ruling voiding two medical malpractice arbitration agreements between doctors and patients because they selectively included provisions from the state’s medical malpractice law, saying the decision doesn’t conflict with the Federal Arbitration Act or the state and federal constitutions.

  • February 1, 2017

    The 4 Wittiest Dissents By Gorsuch

    During his tenure on the Tenth Circuit, Judge Neil Gorsuch wrote more than 30 playful, witty dissents that both entertain the reader and give clear insight to his legal thinking. Here, Law360 looks at the best of the bunch and what they say about his thoughts on legislating from the bench, prepositional phrases and everything in between.

  • February 1, 2017

    Med Mal Expert Witness Wrongly Excluded, Ore. Court Says

    An Oregon appellate court on Wednesday revived a suit accusing a women's health clinic doctor of causing a baby's shoulder injury by ordering a vaginal birth, saying the trial judge erred by excluding the testimony of one of the plaintiff's expert witnesses.

  • February 1, 2017

    Gorsuch's Opening Words Speak Volumes About His Style

    Never one to pass up the chance to spin a good yarn, U.S. Supreme Court nominee Neil Gorsuch’s body of rulings during a decade at the Tenth Circuit casts him as a fervent storyteller. A look at some of his best opening passages reveals a narrative writing style that’s light on legalese and heavy on plot, setting and characters.

  • February 1, 2017

    Senators Flirt With Nuclear Option Over High Court Pick

    The Senate fight over Tenth Circuit Judge Neil Gorsuch’s nomination to the U.S. Supreme Court could soon “go nuclear,” as less than a day after President Donald Trump put Gorsuch up for the court, political discussion has already turned to breaking a likely Democratic filibuster and pushing him through without any bipartisan support.

  • February 1, 2017

    Calif. Hospital, Doctor Settle ER Misdiagnosis Row For $8M

    A medical malpractice suit accusing a California hospital and an ER doctor of failing to diagnose a spinal injury that left a man quadriplegic was resolved for nearly $8 million on Tuesday after the hospital agreed to pay $5.25 million while the jury was still deliberating.

  • February 1, 2017

    Similar On The Law, Gorsuch Differs From Scalia In Style

    If confirmed by the Senate, U.S. Supreme Court nominee Neil Gorsuch would bring to the bench a strikingly similar judicial philosophy to that of the late Justice Antonin Scalia, but former clerks and colleagues say the Tenth Circuit judge and Colorado native’s congenial temperament couldn’t be more different from the fiery Scalia's.

  • February 1, 2017

    Nursing Home Can’t Send Med Mal Suit To Arbitration

    A Pennsylvania appeals court declined to force a woman to arbitrate her negligence claims against Kindred Healthcare Inc. on Wednesday, mere days after finding for the company in another appeal seeking to compel a patient’s nephew to arbitrate similar allegations.

  • February 1, 2017

    Attys React To Judge Gorsuch's Supreme Court Nomination

    President Donald Trump nominated Tenth Circuit Judge Neil Gorsuch on Tuesday to become the next associate justice on the U.S. Supreme Court, aiming to fill the vacancy left by Justice Antonin Scalia's death. Here, attorneys tell Law360 what they think about the nomination.

  • February 1, 2017

    Benicar MDL Judge Won't Send Med Mal Suit To State Court

    The New Jersey federal judge overseeing multidistrict litigation over claims that blood pressure drug Benicar can cause gastrointestinal injuries has refused to send back a suit to Texas state court, finding that a doctor accused of medical malpractice and also named in the suit had been fraudulently added.

  • February 1, 2017

    Mass. Court Backs Dismissal Of Missed Cancer Diagnosis Suit

    A Massachusetts appeals court held Wednesday that a patient’s medical malpractice suit came too late, affirming a lower court’s decision tossing the action alleging that the man’s doctor failed for years to mention that a scan had revealed a mass in his kidney that turned out to be cancerous.

  • January 31, 2017

    Gorsuch Likely To Restore Scalia-Era High Court Balance

    With a solid conservative bent, President Donald Trump’s nominee for the U.S. Supreme Court, Circuit Judge Neil Gorsuch, is unlikely to shift the high court’s jurisprudence significantly away from where it stood with the late Justice Antonin Scalia, legal experts say.

  • January 31, 2017

    Gorsuch's Credentials Could Prove Troubling To Opposition

    The praise for Tenth Circuit Judge Neil Gorsuch following his nomination to the U.S. Supreme Court Tuesday night came from many prominent legal figures, reflecting how it will be hard for Democrats to challenge President Donald Trump's selection given the judge's impeccable resume.

  • January 31, 2017

    Fed. Law Doesn't Limit Incident Report Access: Fla. High Court

    The Florida Supreme Court ruled Tuesday that a state constitutional amendment requiring broad access to incident reports of adverse medical events for malpractice cases is not preempted by federal confidential reporting provisions.

  • January 31, 2017

    Judge Ends Botched Birth Dispute In Light Of $300K Deal

    A California magistrate judge on Monday dismissed a medical malpractice suit brought by a mother and her now 4-year-old son against the United States, Pioneers Memorial Hospital and an obstetrician after the doctor agreed to a $300,000 settlement resolving claims that his negligence during the child’s birth caused permanent injuries.

  • January 31, 2017

    3 Gorsuch Opinions You Need To Read Right Now

    President Donald Trump's U.S. Supreme Court nominee Judge Neil Gorsuch is a 10-year veteran of the Tenth Circuit and has under his belt hundreds of opinions that can be mined for clues as to what kind of Supreme Court justice he would be. Here are three opinions by Judge Gorsuch to read right now.