Medical Malpractice

334 ABA Journal Medical Malpractice articles.

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…

Woman Sues Dentist, Claims He Dropped Tool, She Swallowed and It Had to Be Surgically Removed

A Kentucky woman sued a Lexington dentist on Thursday, contending that she reflexively swallowed a small implant screwdriver he dropped in her mouth during a routine treatment and it had…

ABA Sends Letter to House Objecting to ‘Troubling Tort Reform Language’ in Medical Bill

The ABA has sent a letter to the members of the U.S. House of Representatives objecting to “troubling tort reform language” in a bill regulating medical malpractice suits.

The House…

Med-Mal Plaintiff Granted New Trial Based on Defense Counsel’s ‘Inflammatory’ Comments

A defense lawyer in a medical malpractice trial who complained the plaintiff was “working the system” has lost an appeal that targeted the counsel’s comments.

A New York appeals court…

Utah Supreme Court Allows Kids’ Suit Claiming Prescription Meds Caused Dad to Murder Their Mom

The Utah Supreme Court has ruled that physicians have a duty to their patients’ family members in a case brought on behalf of the children of a confessed murderer.

The…

Lawyer Argues $1M Is Standard for Malpractice Causing Stillbirth

What amount of money compensates a pregnant woman who delivers a stillborn child because of medical malpractice?

In February, A New York appeals court upheld a $1 million award for…

Perry Nomination Could Motivate Trial Lawyers to Spend Big Bucks on Obama

Trial lawyers are already gearing up to oppose Republican presidential candidate Rick Perry.

The Texas governor presided over several rounds of tort reform, and that makes him unpopular with the…

Most Physicians Will Be Sued for Medical Malpractice, Though Payouts Are Few, Study Finds

Most physicians and virtually every surgeon will face a medical malpractice claim at least once in their careers, a study has found.

But only one claim out of five results…

Federal Med Mal Reform Will Help Reduce Deficit, Orszag Writes

Enacting federal medical malpractice reform can help the county improve its credit rating, former White House Office of Management and Budget director Peter R. Orszag wrote today in a column…

Judge to Confirm $4.6M Settlement for Botched Circumcision

A Los Angeles judge says he will approve a $4.6 million settlement in the botched circumcision of a week-old baby.

Judge Rex Heeseman says he will approve the deal reached…

Zone-of-Danger Rule Won’t Protect Doctor in HIV Misdiagnosis Suit; Are Lawyers Also at Risk?

A man who mistakenly believed he was HIV positive for five years because of a mistaken diagnosis may sue for negligent infliction of emotional distress, an appeals court has ruled.

Juror Accused of Asking Med-Mal Plaintiff’s Dad for a Cut of Any Verdict

A juror in a medical malpractice trial was arrested when he showed up in a New York courthouse on Tuesday.

Deonarine Persaud, 53, of Long Beach was accused of soliciting…

Top Mass. Court Puts Law Firm Back on Med-Mal Client’s Case, But Says Firm Can Select Attorney

When an individual lawyer at Thomas M. Kiley & Associates cited both a plan to withdraw temporarily from the practice of law and irreconcilable differences with a medical-malpractice client, the…

Texas Bill Requiring Loser-Pays Rule in Lawsuits Is Drafted with Push from Governor

In his State of the State address in February, Texas Gov. Rick Perry endorsed a loser-pays system that would require “those who sue” to pay attorney fees.

Now he’s pushing…

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