Personal Injury & Medical Malpractice

  • February 2, 2018

    Ky. Court Affirms Doc's Win In Suit Over Patient's Death

    A Kentucky appeals court on Friday affirmed a verdict in which a jury cleared a doctor accused of providing poor care to a patient who died in the aftermath of a gallbladder surgery, saying though it was a close call in some instances, the trial court did not abuse its discretion.

  • February 2, 2018

    Mass. Health Boards Raise Concerns Over Potential Pipelines

    Dozens of Massachusetts health boards pressed Gov. Charlie Baker on Friday to evaluate the impact that any new hydraulic fracturing gas infrastructure in the state would have not just on the environment but on human health.

  • February 2, 2018

    Florida PI Firm Sheds Never-Served Overtime Suit

    A Florida federal court on Friday dismissed one of a pair of proposed wage-and-hour class actions against personal injury law firms, saying the employee bringing the case, who claimed she was not properly paid overtime, failed to notify the firm she was suing.

  • February 2, 2018

    How To Compete For The Next Big Personal Injury Case

    An accident that grabs national attention presents significant business opportunities for personal injury firms, yet responding to the event quickly doesn’t guarantee a firm will be able to catch a foothold. Here, experts give advice on how firms looking to compete for the highest-profile cases can leave a strong impression when a prospective client calls.

  • February 2, 2018

    Texas Justices Say Expert Report OK In Eye Damage Suit

    The Texas Supreme Court ruled Friday that a medical malpractice expert report that had been previously ruled deficient, dooming a suit over a botched eye surgery, was good enough because it made a good-faith effort to both lay out the patient’s case and prove to the court that the claims had merit.

  • February 2, 2018

    7th Circ. Affirms Starbucks' Win Over Finger Amputation

    The Seventh Circuit on Friday upheld Starbucks Corp.'s quick win in a case accusing the company of negligence after a child's in-store finger injury required same-day amputation, agreeing with the lower court that the Chicago shop didn’t owe the child a legal duty since he was under his parents' supervision.

  • February 2, 2018

    6th Circ. Restores Ky. Woman's Walmart Slip-And-Fall Case

    The Sixth Circuit has revived a Kentucky woman’s slip-and-fall case against a Walmart store, finding that the lower court granted the store’s dismissal bid even though recent changes in Kentucky case law leave enough room for a jury to consider who was at fault.

  • February 1, 2018

    Hospital's $9M Agreement To Trump $43M Med Mal Verdict

    A Texas jury on Tuesday awarded approximately $43 million in a suit accusing a hospital of negligently allowing a physician on probation to treat a patient, which caused permanent injuries and the need for a liver transplant, but the hospital will only pay $9 million pursuant to a pre-existing agreement.

  • February 1, 2018

    USA Cycling Beats Suit Over Calif. Racer's Death

    A California appeals court on Thursday cleared USA Cycling Inc. of liability in a suit alleging a race support vehicle driver negligently blocked the course during a 2012 event, resulting in the death of a race participant, saying the sport’s governing body did nothing to increase inherent risks.

  • February 1, 2018

    Feds Drop Appeal Of $41.6M Infant Brain Injury Award

    The federal government on Thursday dropped its efforts to appeal a $41.6 million verdict won by the family of an infant who suffered permanent brain damage after a doctor at a health clinic negligently used forceps during delivery.

  • February 1, 2018

    Water District Shielded From Flooding Suit, Texas Panel Says

    A Texas water district won't have to face a lawsuit brought by about 50 property owners alleging it was responsible for flooding to their homes and related injuries after a state appellate court on Wednesday determined the governmental entity was immune from the claims, reversing a trial court's decision.

  • February 1, 2018

    Board Says Ill. Atty Dishonestly Took Funds From Client

    An Illinois review board has increased sanctions against an attorney who admitted to taking client funds without permission, ruling that the hearing board that initially determined the attorney’s penalty was wrong to say there was no evidence of dishonesty.

  • February 1, 2018

    Texas Appeals Court Sides With Doc In Expert Report Row

    A Texas appellate court on Thursday sided with a doctor in a medical malpractice suit, agreeing that an expert report submitted in support of the claims that he failed to remove the entirety of a toothpick from a patient's foot — leading to an abscess and bone infection — was deficient.

  • February 1, 2018

    Zip Line Incident At Camp Not Covered, Insurer Tells 8th Circ.

    Great American Alliance Insurance Co. asked the Eighth Circuit on Wednesday to find it does not have to cover a 2014 zip line accident at a church camp at a Baptist conference center, saying the policy only provides coverage for the areas named in the lease signed by the camp organizer.

  • February 1, 2018

    5th Circ. Won’t Interfere With Opioid Probe Into Texas Doc

    The Fifth Circuit has rejected a doctor’s attempt to block disciplinary proceedings against him for allegedly overprescribing opioids, ruling Wednesday that he failed to establish bad faith on his interrogators' part, as is required for federal courts to intervene in state civil or criminal prosecutions.

  • February 1, 2018

    All MLB Ballparks To Have Expanded Netting In 2018

    Major League Baseball on Thursday said all 30 of its clubs will have extended safety netting behind home plate at their ballparks this season, aiming to provide greater protection from bats and balls in response to growing concerns over fan safety.

  • February 1, 2018

    Ship Photographer Who Shot Murder Scene Fights Arbitration

    A photographer who worked on a Princess cruise vessel and claims he suffers from post-traumatic stress disorder after being forced to document a scene where an alleged murder took place aboard ship has urged a California federal court to deny the line's bid to send the dispute to arbitration in Bermuda.

  • February 1, 2018

    5 Challenges For Attys In Doc-Patient Sex Assault Cases

    While bringing a suit against a doctor is rarely an easy task, filing a suit alleging a doctor sexually assaulted a patient carries unique challenges that set the cases apart from the standard medical malpractice case. Here, Law360 looks at the challenges patients and their attorneys must overcome to pursue sexual assault claims against health care providers.

  • January 31, 2018

    Questions On Room Check Lead To Hotel Guest's Suit Revival

    A California appellate panel revived Wednesday a suit accusing a hotel and a maintenance worker of failing to aid a guest who suffered a brain aneurysm, saying under a theory of “negligent undertaking” there is a factual dispute over what steps the worker could have taken during a welfare check.

  • January 31, 2018

    Family Fights Verdict For Doc Who OK'd Surgery

    The family of a woman who died in surgery to remove a cancerous tumor from her skull urged the Florida Supreme Court Wednesday to overturn a directed verdict in favor of the doctor who signed off on her anesthesia, arguing that the issue of whether his actions caused the woman's death is a question for the jury and should not have been decided by the judge.

Expert Analysis

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • Opioid Epidemic Brings Ramifications For Physicians

    Joseph Gorrell

    The opioid epidemic is putting a white-hot spotlight on physicians for the foreseeable future. Careful adherence to regulations in their roles as both practitioner and employer can help physicians avoid unwanted scrutiny and penalties that could, at their harshest, threaten their livelihoods, say Joseph Gorrell and Matthew Collins of Brach Eichler LLC.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.