ABA Journal

Medical Malpractice

334 ABA Journal Medical Malpractice articles.

Illinois Judge Axes Med-Mal Damages Cap

In a test case that is expected to go farther, an Illinois trial judge ruled today that a 2005 state statutory cap on noneconomic damages in some medical malpractice cases…

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Legal Malpractice Defense: We Had No Case, Plaintiffs Lawyers Now Say

Named as defendants in a legal malpractice claim, a group of personal injury lawyers in New York has responded with an unusual defense.

The medical malpractice suit they filed on…

Lawyer’s Theatrics Void $30M Jury Award

The Ohio Supreme Court has overturned a record-breaking $30 million medical malpractice award, citing, among other courtroom misbehavior, a theatrical closing argument by the controversial Michigan attorney representing the brain-injured…

Med-Mal Plaintiffs Fight Losing Battles in Cruise Line Suits

Plaintiffs in more than 40 medical malpractice lawsuits filed against cruise lines in the past decade are running into a legal roadblock that shields ship owners from liability.

Legal precedent…

WA Lawyers, Official v. Insurers in Ballot Battle

The state insurance commissioner is reportedly siding with tort lawyers in a hard-fought battle to persuade Washington state voters to approve a ballot measure that would greatly increase the damages…

ACLU: Feds’ Drugging of Immigrants Torture?

In a motion filed yesterday in an asylum case, the American Civil Liberties Union calls for a halt to an admitted federal policy of forcibly injecting some immigrants with psychotropic…

Doctors Drawn to ‘Friendlier’ Texas

In Texas, it can be a long wait for a doctor: up to six months.

A “friendlier” malpractice climate in Texas is drawing more physicians to the state.

In the…

Lending to Lawyers—At 18 Percent-Plus

Once upon a time, plaintiffs lawyers had to front their own litigation costs. Today, companies lend them the money—at a price.

A retired New York judge, for instance, runs Counsel…

Top Med Mag: No Vaccine-Autism Link

Although thousands of cases are being pursued alleging a link between childhood vaccines and autism (see “No Longer Immune” in the July 2006 ABA Journal), it’s doubtful…

No Abortion Warning By NJ Doc Required

A physician has no duty to warn a woman before an abortion that she is about to terminate a human life, the New Jersey Supreme Court held today.

Ruling in…

Big-Firm Alumni Have Van, Will Practice

Three former big-firm attorneys in Atlanta have made a name for themselves in a way that would have been hard to predict years ago.

Jamie Hernan, Christopher Taylor and Jerome…

Shackled Fen-Phen Lawyers Seek Release, Judge Says No

Shackled and attired in faded gray-and-white-striped jail uniforms, three personal injury attorneys involved in mega-bucks fen-phen litigation attended a federal court hearing in Kentucky today to seek their release.

Accused…

Client Turns Tables on Firm in Fee Dispute

A Texas plaintiffs firm that sued to collect an attorney fee from a former client in a medical malpractice case won exactly nothing after a three-day jury trial.

But a…

Did Transplant Doc Speed Donor’s Death?

In what may be the first case of its kind in the country, a San Francisco transplant surgeon has been charged with intentionally hastening a patient’s death in order to…

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