Professional Malpractice Updates

Crime Novelist Wins $51 Million From Accounting Firm [Video]

May 21 (Bloomberg) -- Joan Lukey, partner at Ropes & Gray LLP, talks with Bloomberg Law's Spencer Mazyck about her successful representation of best-selling crime writer Patricia Cornwell in a highly-publicized lawsuit...more

Can My Newborn Be Vaccinated Without My Permission?

When born in a hospital, a baby is routinely given a hepatitis B shot, a vitamin K injection and an application of ointment in the eyes. In all states, a parent can refuse these treatments. It is best to use a waiver signed...more

Robotic Surgical Machines: Safe or Deadly?

Imagine your doctor recommends routine spleen removal surgery. When discussing your surgical options, the doctor tells you about da Vinci® - an increasingly used surgical robot. The doctor raves about the safety,...more

How Prescription Errors Occur

Doctors prescribe medicine to help keep us healthy. However, a mistake that leads to the wrong medicine being taken can cause serious injury or death. Unfortunately, these types of errors are not uncommon....more

Hospitals: When a Resource Becomes a Danger

For most people, going to the hospital means receiving needed treatment for an illness, injury or condition that requires specialized medical care. While many people are nervous about hospital treatment, most expect to...more

Chad Elie v. Ifrah Law PLLC

Amended Complaint (Exempt From Arbitration)

Amended Complaint (Exempt from Arbitration) filed on May 14th, 2013 by Plaintiff Chad Elie v. Ifrah PLLC, a Professional Limited Liability Company, Alain Jeffrey Ifrah a/k/a Jeff Ifrah, individually, etc. , et. al,,...more

OB/GYN Malpractice – Can We Prevent It?

We entrust OB/GYNs with the most intimate parts of women’s bodies as well as bringing new life into the world. No wonder, then, that the topic of OB/GYN malpractice is so emotionally fraught. ...more

Simple Solutions for Major Medical Problems

An extremely compelling TED talk has been making its way around cyberspace and getting a notable amount of attention in world of public health. In 2012 Dr. Atul Gawande delivered a talk entitled, “Why We Need A New Kind of...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - May 2013

In This Issue: - When Hospital Errors Follow You Home, and Into Your Soul - What Survivors of Patient Harm Can Expect - Hurting the Healing Process - Learn More About Your Rights and How to Reduce the Harms of...more

Working Toward Fewer Medical Mistakes

A new study suggests limiting the work hours of resident physicians does not lead to patient death. In fact, mortality declined during the study period even though patients may have received fewer hours of care....more

Claims For Legal Malpractice Aren't Assignable In North Carolina

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker...more

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

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

When Surgeons Leave Something Behind

After Lenny LeClair had surgery to treat a digestive disorder, he felt fine. However, a few months later LeClair experienced non-stop vomiting and excruciating abdominal pain....more

Dismissal for Fraud on the Court Not Available to Resolve Jury Questions – Herman v. Silver

In this medical malpractice case, a husband sued after his wife died allegedly from kidney failure after the defendant doctor performed surgery. At the trial, the husband testified about various issues, including his wife’s...more

Woman Sues Doctor for Surprise Tube-Tying Procedure

A Texas woman is suing a doctor and hospital in Houston, alleging that her tubes were tied without her consent after she had a C-section....more

Common Types of Birth Injuries

Despite that fact that it has been occurring regularly since time immemorial, childbirth is still a complex process during which many things can go wrong. In fact, doctors practicing in obstetrics and gynecology are among the...more

Novel “Bad Faith Admission” EMTALA Theory Survives Motion to Dismiss

The U.S. District Court for the Northern District of California recently denied Contra Costa Regional Medical Center’s (CCRMC) motion to dismiss regarding an alleged violation of the Emergency Medical Treatment and Labor Act...more

Effective Use of Experts

The importance of expert opinion evidence in medical negligence litigation is well recognized. In Bafaro v. Dowd , Carpenter-Gunn J. states: Due to the specialized knowledge of the medical profession, expert evidence...more

Wrong-Site Surgeries Are Real and Not Uncommon

Most people expect that a physician operating on the wrong body part — or on the wrong person — is a rare occurrence. However, wrong-site surgeries are more common than you think. A 2010 study reported by CNN found that...more

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

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

Supreme Court Of Ohio Protects Physician’s Statement Of Comfort Under Apology Statute

On April 23, 2013, the Supreme Court of Ohio reversed the decision of the Eleventh District Court of Appeals and applied Ohio Revised Code 2317.43, commonly referred to as the Apology Statute, to exclude a physician’s post...more

Claims Of Medical Malpractice From Birth Injuries

According to the National Healthcare Quality Report, more than six birth trauma injuries occur for every 1,000 live births. More alarming is that significantly more birth injuries occur in large hospitals compared to small...more

Illinois Supreme Court to Hear Five Civil Cases In May

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Seventh Circuit Decision in Koransky Bouwer Enforces Professional Liability Reporting Requirements

Earlier this month, the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made...more

Can Your Doctor Block Your Access to Your Medical Records?

No. In every state, your health care provider must provide you with a copy of your medical records if you ask for them....more