ABA Journal

Medical Malpractice

335 ABA Journal Medical Malpractice articles.

Estate recovers nothing for mistaken brain surgery because lawyers used estopped negligence claim

The case of a woman who died after undergoing mistaken brain surgery involves apparent errors by her doctors and her lawyers, according to a Michigan Supreme Court justice who agreed with a decision to overturn the $20 million award.

Tort suits in state courts are ‘down sharply’ as contract claims grow

The conventional wisdom that state courts are awash in tort lawsuits is wrong.

Tort lawsuits are “down sharply,” raising concerns among some judges that Americans no longer see the courts as a way to achieve justice in garden-variety civil cases, the Wall Street Journal (sub. req.) reports.

Lawyer is reprimanded over penis amputation suit

A lawyer in Irondale, Alabama, has been reprimanded in connection with his 2014 lawsuit contending that his client’s penis was partly amputated when he went to the hospital for a…

Chemerinsky: Two end-of-term decisions close the courthouse doors to those who have been injured

Amid the flurry of end-of-term decisions, two are very troubling. Although the cases arose in different contexts, they both have the same effect: closing the courthouse doors to those who have suffered serious injuries.

ABA opposes federal bill that would impose caps in med-mal cases

The ABA on Monday sent a letter to House lawmakers urging a no vote on a bill that imposes a federal cap of $250,000 on noneconomic damages in medical malpractice…

Dental malpractice firms apply expertise to oral claims

When an elderly man dies after a dentist drops a tool down his throat or a 17-year-old passes away under sedation during wisdom teeth extraction, attorneys like Mark Glassman, Stanley Lane and Edwin Zinman take the case. They’re among a handful of dental malpractice attorneys scattered across the country.

You can’t always rely on physician testimony in malpractice cases, says doc who admits he lied

You can’t always trust testimony by doctors on behalf of colleagues being sued for malpractice, according to retired South Dakota physician Lars Aanning.

Aanning knows from experience: He says he…

Suits seek to block Arkansas referendum that would cap attorney fees and damages in medical cases

Two lawsuits filed this week seek to block an Arkansas ballot referendum that would cap noneconomic damages and attorney fees in medical injury cases with a state constitutional amendment.


Settlement in suit over Joan Rivers’ death; daughter to seek law regulating outpatient clinic safety

A “substantial” settlement in an undisclosed amount has been reached in a lawsuit over the death of Joan Rivers, who died as a result of a medical procedure at an…

ABA opposes federal medical-malpractice bill that caps pain-and-suffering damages

The ABA has sent a letter to the chairman of the House Judiciary Committee that opposes a medical-liability bill with caps on noneconomic damages.

The ABA letter (PDF) to…

Family of teen hospitalized in medical diagnosis conflict files malpractice and civil rights suit

The family of a Connecticut teen put in the custody of the state of Massachusetts for more than a year and hospitalized against their wishes has filed a medical malpractice…

Disbarred lawyer charged with stealing $3M from clients

A former New York lawyer was arrested by federal authorities on Thursday and charged with wire fraud for allegedly stealing some $3 million from clients over a seven-year period, starting…

Doctor may owe third party for not warning patient about drugs’ effects, top state court says

Carving an exception into a general rule that hospitals and doctors owe a duty of care only to their patients, the top appeals court in New York has OK’d a…

Lawyers ‘lean to the left,’ study says; which schools, firms and practice areas are most liberal?

Many conservative commentators have aired claims that trial lawyers appear more liberal than the rest of the population, and they overwhelmingly contribute to Democratic candidates.

Is it true? And is…

Lawyer uses $200K in legal fees to make movie about trial win in nursing home med-mal case

Bill Lundy had never made a movie before.

But, inspired by one of the difficult cases he had ever worked on, the Georgia trial lawyer used $200,000 in legal fees…

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