Medical Malpractice

332 ABA Journal Medical Malpractice articles.

Judge axes defense jury verdict in malpractice case due to conduct of insurer lawyer watching trial

A New York judge has overturned a jury verdict for the defense in a dental malpractice case due to the conduct of a lawyer who was retained by a major…

For vacationers encountering trouble on cruise ships, U.S. laws may provide little help
Prank hospital photo of anesthesized employee with mustache and teardrop stickers leads to lawsuit

It was intended to be a joke shared with a fellow worker at a California hospital, an anesthesiologist said in a deposition. But the stickers he admittedly placed on the…

Chemerinsky: Paradox in drug injury cases must be solved by Congress, says SCOTUS

In June 2013, for the third time in four years, the U.S. Supreme Court dealt with the question of when federal law preempts state tort liability for those injured by…

Family sues medical center, says kidney removed from sibling was trashed before planned transplant

An Ohio family has sued the University of Toledo Medical Center, saying that the hospital “botched” the planned transplant of a kidney donated by one sibling to another sibling by…

Sex-reassignment surgery of infant in state’s care violated due process, adoptive parents allege

The adoptive parents of a baby born with both male and female genitalia claim the state of South Carolina violated their child’s constitutional rights by subjecting the child to sex-reassignment…

Lawyer who turned down $8M settlement wins $130M in retrial

A New York lawyer says he feels vindicated after winning $130 million for a medical malpractice client in a third trial of the case.

Lawyer Thomas Moore

71 percent of young people surveyed would favor an individual over an insurance company at trial
SCOTUS rebuffs North Carolina ‘semantics’ in its quest for one-third of girl’s med-mal settlement

North Carolina can’t obtain one-third of a girl’s medical malpractice settlement under a law that doesn’t take into account whether the money is attributable to medical care, the U.S. Supreme…

Victim’s widow sues psychiatrist re Batman movie theater massacre

Corrected: The widow of a man massacred last year, with nearly a dozen others, in a July 20 shooting rampage at a Colorado movie theater showing the new Batman movie…

Supreme Court Considers State’s Quest for One-Third of Girl’s Med-Mal Settlement

The medical care of 12-year-old Emily Armstrong is at the center of a pre-emption case before the U.S. Supreme Court.

Justices heard oral arguments in the case on Tuesday, according…

Wrongful Death Suit Filed in Car Crash Cites Nebraska Fetal Protection Law

A wrongful death suit filed on behalf of a Maryland family killed in a Nebraska car crash also seeks damages for the death of a fetus.

The case may be…

Patient Beware: Biomedical Engineer Launches Service to Help with Foreign Med-Mal Cases in US
Many Troubled New York Hospitals Are Trimming or Eliminating Malpractice Insurance

Several hospitals in New York City are eliminating or trimming malpractice insurance, and at least two of them have no further reserves to pay claims.

Some hospitals in other cities,…

A Delayed Heart Test and a Death in Three-Way Encounter Result in $3M Med-Mal Award

A Georgia jury is holding a physician and his medical group accountable for the death of a 31-year-old man who suffered heart failure while engaging in a threesome with his…

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