ABA Journal

Medical Malpractice

335 ABA Journal Medical Malpractice articles.

Junk Science Rx

Tennessee Judge W. Neil Thomas III readily admits that sifting through scientific evidence and parsing medical jargon in medical-malpractice cases can be like an English major performing brain surgery.

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…

Alternative Rx

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…

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