Civil Remedies, Professional Malpractice

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

by Pavlack Law, LLC on 5/9/2013

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

The Trust Being a Multi-Party Relationship, Whom Legal Counsel Represents Can Get Complicated

by Charles E. Rounds, Jr. on 5/1/2013

The trust being a multi-party relationship, it is not always that easy to discern at any given time whom legal counsel is representing, or should be representing, in matters relating to the trust’s creation and...more

HMO Hit with $524M Verdict for Giving Hep C in Colonoscopies

by Sylvia Hsieh | Lawyers.com on 4/17/2013

A health insurance company rolled the dice with a Las Vegas jury and lost more than half a billion dollars....more

I Wanna Go Fast! Expedited Actions Under the New Texas Rules of Civil Procedure

by Bradley A. Monk | Sedgwick LLP on 4/12/2013

Sometimes life is best explained by a Will Ferrell character. As an example, the eloquent Ricky Bobby says it best: “I wanna go fast!” Effective March 1, 2013, the Texas Supreme Court introduced changes to the Texas Rules of...more

Appellate Notes: Week of April 1, 2013

by Edward McCreery III | Pullman & Comley, LLC on 4/3/2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Causes Of Medical Malpractice Birth Injuries

by Tate Law Group, LLC on 3/26/2013

In 2011, a Michigan jury awarded $144 million to Kimberly Van Slembrouk for the injuries caused by Beaumont Hospital to her baby daughter during birth. The baby suffered irrevocable injuries when the hospital staff declined...more

Federal Circuit Review - Volume 3 | Issue 3 March 2013

by Knobbe Martens Olson & Bear LLP on 3/25/2013

In This Issue: • State Courts Should Handle Patent Malpractice Cases • “A” and “An” in Claims Mean “One or More” • No Direct Infringer Needs to be Identified in Declaratory Judgment Jurisdiction Over Indirect...more

Law Firm with Inaccurate Billing Records Receives Nothing for Its Efforts

by Barry P. Goldberg, A Professional Law... on 3/14/2013

Woodland Hills Attorney Barry P. Goldberg warns his colleagues to have believable and accurate time records or risk receiving no compensation whatsoever from a reviewing court. Since the California Court of Appeal did not...more

Perils of Ambiguity in Rule 68 Offer of Judgment

by Pavlack Law, LLC on 3/11/2013

Through the recent employment law 7th Cir. decision in Sanches v. Prudential Pizza, Inc. we examine the danger of failing to be sufficiently specific and clear in a Rule 68 offer of judgment which there resulted in the...more

Prisoner Denied Anti-Seizure Meds Wins $12 Million Verdict

by Sylvia Hsieh | Lawyers.com on 1/25/2013

A prisoner who called out for his anti-seizure medication for days but was not given them by prison medical providers has won a $12 million jury verdict. Ray Fox was in an Illinois state prison in 2007 when he suffered a...more

Veteran Awarded Millions When VA Gives Wrong PTSD Meds

by Sylvia Hsieh | Lawyers.com on 1/24/2013

A Marine sergeant who developed post-traumatic stress disorder after some harrowing experiences in Iraq won $3.7 million in his lawsuit against the U.S. Department of Veterans Affairs for not treating his illness properly and...more

Rhode Island Supreme Court Invalidates Healthcare Provider’s Right to Self-Insure

by Traub Lieberman Straus & Shrewsberry LLP on 1/21/2013

In its recent decision in Peloquin v. Haven Health Ctr. of Greenville, 2013 R.I. LEXIS 9 (R.I. Jan. 14, 2013), the Supreme Court of Rhode Island had occasion to consider the validity of a self-insured retention in a...more

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

by Pavlack Law, LLC on 1/11/2013

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious...more

Medical Malpractice Reform Being Considered In Georgia

by Tate Law Group, LLC on 1/11/2013

Georgia adopted reforms of the tort laws regarding medical malpractice in 2005. However some doctors believe that these changes did not go far enough in addressing the issue of medical malpractice lawsuits in the state. They...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

by Charles E. Rounds, Jr. on 1/1/2013

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

San Diego Court Awards $7.5 Million in Punitive Damage for Medical Device That Caused Frostbite

by Thorsnes Bartolotta McGuire LLP on 12/16/2012

A San Diego court recently awarded $7.5 million in punitive damages to a woman who suffered frostbite to her knee from use of a cold-therapy medical device. The lawsuit was based on product defects associated with the medical...more

Malpractice Proposal Is Justice Denied

by Patrick Malone & Associates P.C. | DC Injury... on 12/12/2012

A proposal under discussion in the South to dispense with juries in favor of a government agency to rule on medical malpractice is just the latest in a series of wrongheaded efforts to deprive victims of medical errors of...more

CFPB gets preliminary injunction in mortgage relief assistance case

by Alan S. Kaplinsky | Ballard Spahr LLP on 11/21/2012

On November 16, a federal district judge in California entered a preliminary injunction in favor of the CFPB in the action it filed this past July against a law firm that offered mortgage assistance relief services to...more

HC58 - Setting down for trial in medical negligence actions

by Cathal N. Young, O'Reilly & Co. Solicitors &... on 11/20/2012

HC58 - Setting down for trial in medical negligence actions Direction pursuant to Order 36 Rule 2 (c) of the Rules of the Superior Courts With effect from this 20th day of November 2012 proceedings in respect of any claim...more

Collectibility in Legal Malpractice Suits – A Required Element in Proving Damages: Schmidt v. Coogan

by William Knowles, Robert Lee | Cozen O'Connor on 11/13/2012

In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to...more

Attorney Gambles Chasing Fees and Loses Big

by Carlton Fields on 11/13/2012

Originally published in Litigation News, American Bar Association (November 2012). As lawyers often advise their clients, any litigation involves some element of risk, and “there is no such thing as a slam dunk.” A...more

Major Medical Malpractice Decision: Robertson v. B.O.

by Pavlack Law, LLC on 11/2/2012

This week's article takes a look at the major Indiana Supreme Court decision in Robertson v. B.O. holding that where the healthcare provider has settled the case the Patient's Compensation Fund cannot contest liability....more

Weekly Law Resume - September 6, 2012: Third Party Settlement – the Common Law Release Rule

by Low, Ball & Lynch on 10/5/2012

Aidan Ming-Ho Leung v. Verdugo Hills Hospital California Supreme Court (August 23, 2012) Where one tortfeasor settles with the plaintiff, but fails to obtain a good faith settlement, the common law rule relating to...more

Pharmaceutical Law Update -- October 2012: Learned Intermediary Doctrine Applies to Failure-to-Warn Pharmaceutical Cases in...

by Sedgwick LLP on 10/4/2012

An August 7, 2012 decision by the New Jersey Appellate Division overturned three judgments totaling almost $12 million in damages previously awarded against New Jersey drug manufacturer Hoffman–La Roche, Inc. for injuries...more

Tort Reform Limiting Medical Malpractice Awards in Texas: It Ain’t Workin’

by Rowley Chapman & Barney, Ltd. on 9/26/2012

Health care costs in Texas did not drop after passage of a 2003 constitutional amendment limiting medical malpractice awards, despite promises made to voters by tort reform supporters....more

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Civil Remedies › Professional Malpractice