Medical Malpractice

332 ABA Journal Medical Malpractice articles.

Lawyer blamed for reversed verdict feels vindicated by appellate ruling that judge abused discretion

A New York judge erred by reversing a jury’s defense verdict based on claimed misbehavior by a lawyer not directly involved in the case, a state appeals court has ruled.

Judge who sanctioned lawyer $1M says she ‘sabotaged’ the case by eliciting banned testimony

The Philadelphia judge who sanctioned a lawyer nearly $1 million said in an opinion on Wednesday that she intentionally elicited banned testimony from an expert witness and “sabotaged” the case.

Desperately seeking med-mal attorneys; $500K damages cap deters South Dakota lawyers, some say

A South Dakota law enacted in 1976 that was supposed to limit excessive damages in medical malpractice trials may have solved the perceived problem by entirely eliminating many such cases.

Lawyer argues tort case over cow injury is governed by med-mal law

A Texas solo says his unusual argument in a personal injury case is governed by a state supreme court decision on the reach of the state’s medical-malpractice protections for doctors.

Lawyer’s personal assets, bank accounts at risk as opponents seek to collect $1M sanction

Lawyers for a cancer patient’s family are seeking to collect a $1 million sanction imposed on a Pennsylvania lawyer for allegedly allowing an improper reference in a medical malpractice case.

Family of Ebola patient initially not admitted has settled with Dallas hospital

The family of a man whose Ebola wasn’t initially diagnosed by a Texas hospital has settled a potential claim against the facility over his delayed treatment for an undisclosed amount.

Lawyer sanctioned $1M for allowing smoking reference in med-mal trial

A Pennsylvania lawyer has been ordered to pay nearly $1 million in attorney fees for allowing an expert witness to refer to a lung cancer victim’s history of smoking in…

For older women, sex isn’t as important, Portuguese court says, igniting outrage

One of Portugal’s highest courts has reduced compensation for a woman who suffered incontinence and painful sex after botched surgery, saying that sex for an older woman “does not have…

Could Dallas hospital be liable for initial failure to admit Ebola patient? Tort reform a barrier

Dallas Ebola patient Thomas Eric Duncan was sent home with antibiotics when he first visited the emergency room on Sept. 25. Could the hospital face liability in a suit by…

Video shows teen isn’t really brain dead, lawyer asserts; revocation of death certificate sought

The family of a 13-year-old California girl declared brain dead after tonsil surgery is seeking to revoke her death certificate, offering a video as proof that she can respond to…

Defense stunned by $2.88M verdict in med-mal case over injection injury and suicide

Dr. Kimber Eubanks says the injection-site injury that Joel Burnette at first complained of, according to family and friends, wasn’t reflected in medical records and hence didn’t exist.

But a…

Appeals court OKs late med-mal suit alleging ‘dead’ woman actually froze to death in hospital morgue

Reversing a trial judge’s dismissal of a medical malpractice suit on statute of limitations grounds, a California appeals court ruled Wednesday that the family of an 80-year-old woman initially had…

Voters may decide whether California’s cap on med-mal damages should be raised

Critics of a California law that caps medical malpractice, non-economic damages at $250,000 say they have enough signatures for a ballot initiative that would raise the limit if passed.

A…

Girl gets $32M settlement in med-mal case over quadruple limb amputations

A $32 million settlement in a malpractice case against the University of Chicago Medical Center last year will allow an 11-year-old who had both arms and both legs amputated to…

Calif. again tops ‘judicial hellholes’ list

For the second year in a row, California tops the American Tort Reform Foundation’s “Judicial Hellholes” list.

The Golden State took top honors for the “welcoming stance” its courts take…

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