LexisNexis® Legal Newsroom
Pellettieri Rabstein And Altman Announce New Partner Bruce Zamost

PRINCETON, N.J. - The law firm of Pellettieri, Rabstein and Altman (PR&A) has announced that attorney Bruce Zamost has joined its medical malpractice, products liability and catastrophic injury group as a partner. Zamost has long been dedicated to the victims of medical malpractice, legal malpractice...

Study Finds Only 1 In 5 Medical Malpractice Cases Lead To Settlement, Payout

ATLANTA - (AP) Only 1 in 5 malpractice claims against doctors leads to a settlement or other payout, according to the most comprehensive study of these claims in two decades. But while doctors and their insurers may be winning most of these challenges, that's still a lot of fighting. Each year about...

Heninger Garrison Davis LLC Welcomes Brandy Robertson

BIRMINGHAM, Ala. - The law firm of Heninger Garrison Davis has announced that Brandy L. Robertson has joined the firm. Robertson's practice focuses on representing individuals in the areas of pharmaceutical and medical device litigation where she has worked on cases such as the breast implant...

Losing The 'Empty Chair' At Trial

It has become common practice in multi-party toxic tort litigation for co-defendants to avoid taking potshots at each other during discovery or at trial. Pursuant to this reasoning, if the defendants point fingers at each other, it will only inure to plaintiff's benefit. Therefore, it may be preferable...

RAND: New Book Explores Transparency in the American Civil Justice System

The quest for greater transparency in the American civil justice system is the topic of a new book of essays illustrating how a balanced approach to increasing transparency can improve the civil justice system, raise public confidence and protect litigants' privacy. Fewer than 5 percent of...

Federal Judge Awards $1.25 Million In First Malpractice Trial Against VA Hospital Over Contaminated Endoscope

Judge Adalberto Jordan entered his ruling Nov. 19, awarding Robert Metzler and his wife $1.25 Million for Pain and Suffering, Economic Loss MIAMI - After 16 months of deliberation, Federal Judge Adalberto Jordan on Nov. 19 entered a ruling in favor of the plaintiff in the first trial in a medical...

LexisNexis Unveils LexisNexis MedMal Navigator – Interactive Litigation Tool Significantly Streamlines Complex Medical Malpractice Case Preparation

Medical and Legal Information Helps Medical Malpractice Attorneys Formulate Best On-Point Case Strategy with Greater Efficiency and Speed NEW YORK, — LexisNexis® Legal & Professional , a leading provider of content and technology solutions, has introduced LexisNexis® MedMal Navigator...

This is Real Law: Rx for Litigation: New Inpatient Rule May Lead to More Malpractice Suits

Our circumstances are often defined by fateful decisions. Those decisions can be our own, those made by others (with or without our knowledge or consent), or both. That’s particularly true with regard to our personal health. You climb a wonky ladder to adjust a second-story TV antenna, for example...

Florida High Court Strikes Down Statutory Caps On Medical Malpractice Noneconomic Damages In Wrongful Death Cases

On March 13, 2014, the Florida Supreme Court issued a ground-breaking decision on an issue that has plagued plaintiffs’ lawyers for years – statutory caps on non-economic damages in medical malpractice cases. Estate of McCall v. United States, 2014 Fla. LEXIS 933 (Fla. Mar. 13, 2014 ) The...

Anything Goes: Arguing for—and Against—Medical Malpractice Caps

Understanding cycles is important when making predictions. That’s true of weather events, but it can also apply to many political and legal issues. The debate surrounding caps on awards in medical malpractice cases, for example, seems to follow a normal ebb and flow. In states that have enacted...

Medical Malpractice Caps In Action: What’s A Discarded Kidney Worth?

Picture yourself in the hospital with life threatening renal disease. Doctors tell you that your brother is a perfect match for a kidney transplant. Picture yourself as the brother. You agree to donate a kidney to save your sister. You both go under anesthesia. When you wake up, you learn that the surgery...

Mid-Year Jury Verdict Round-Up: Top 5 Medical Malpractice Verdicts

During the first part of 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable medical malpractice verdicts from across the country. This informal list of top five cases captured our attention, so we thought you might like to hear about them. Our list includes three rather...

Medical Malpractice Best Practices: 6 Critical Tasks For Succeeding in Medical Malpractice Cases

Most attorneys will think at least twice before taking on a medical malpractice case. The reasons for their hesitation are obvious: such cases are complex and increasingly expensive to litigate, and the outcome is never assured. Even when a decision to proceed is made, attorneys might face uncertainty...

Vandeventer Black LLP: Are All Damages Equal?

By Edward E. Nicholas III and Maggie D. Finnegan If liability is clear (that is, the breach of contract cannot be disputed), then it comes down to damages. How much may the plaintiff recover? All damages caused by the defendant’s breach? Not necessarily, because, to answer the question posed...

This Is Real Law: Critical Tasks For Succeeding In Medical Malpractice Cases

Misfortune is a venerable teacher. Whenever an accident or mistake occurs, or someone suffers a defeat, those affected by the outcome may be prompted to ask why it happened and what can be done to avoid repeating it. Those in the legal profession certainly know the merits of questioning how they might...

Steptoe & Johnson PLLC: Know How: Timely Tips for Avoiding Sanctions for Failure to Preserve Evidence

By Bridget M. Cohee, Member With the nationwide move to using electronic medical records in lieu of paper charts, the duty to preserve evidence has become a more complicated process for medical providers. The duty to preserve evidence arises when a party has notice that the evidence is relevant to...

Best Practices: 5 Critical Tasks To Thoroughly Vet Expert Witnesses

Expert Witness White Paper A good expert witness can be crucial to the success of your case. But determining who is right for the role and will perform effectively when called upon can be tricky. This white paper examines the essential steps you should take to ensure that your expert witness helps...

On-Demand MedMal Webinar: How Firms Can Keep Up With Evolving Standards of Care While Reducing Costly Expert Witness Fees with LexisNexis MedMal Navigator®

Watch On-Demand Webinar Now. * Identify potential breaches in the standard of care before talking to an expert * Access comprehensive & authoritative medical research, legal content and medical images relevant to your case * Become well-versed in the key medical issues prior to consulting...

Opening Statements In Florida Negligence Suit Center On Corporation’s Liability (Watch The Videos)

WEST PALM BEACH, Fla. — (Mealey’s) The liability of a corporation that offers membership in a plan providing concierge medical care for negligence on the part of an affiliated doctor was the topic of opening statements Jan. 22 in a suit by the widower of a plan member who alleged that blood...

9th Circuit Reverses, Remands Shoulder Pain Pump Defense Verdict

SAN FRANCISCO — (Mealey’s) A panel of the Ninth Circuit U.S. Court of Appeals on Jan. 23 reversed a defense verdict and judgment in a shoulder pain pump case and remanded after finding that the plaintiffs’ negligence per se claims were not preempted by federal law, as the trial court...

This is Real Law: 6 Critical Tasks for Succeeding in Medical Malpractice Cases

Brought to you by the Real Law Editorial Team Misfortune is a venerable teacher. Whenever an accident or mistake occurs, or someone suffers a defeat, those affected by the outcome may be prompted to ask why it happened and what can be done to avoid repeating it. Those in the legal profession...

Florida Jury Awards $8.5 Million To Woman’s Estate For Leg Amputation (Watch The Closing Argument Videos)

WEST PALM BEACH, Fla. — (Mealey’s) A state court jury Feb. 10 found that a physician and the concierge medical care plan with which he was associated are liable to the estate of a plan member who alleged that a blood clot in her leg went undiagnosed for almost a month, causing her to undergo...

Jury Verdict Round-Up: Top 10 Medical Malpractice Verdicts of 2014

During 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable medical malpractice verdicts from across the country. This informal list of top 10 cases captured our attention, so we thought you might like to hear about them. Our list includes substantial plaintiff’s...

Pa. Jury Awards $ 1.5 Million In Cook’s Medical Malpractice Action For Loss Of Sense Of Taste Following Tonsillectomy

On Feb. 17, 2012, Antonio Costagliola and Tiffany Costagliola filed a medical malpractice action against defendants, Samuel V. Rizzo, M.D. and his medical practice of Ear, Nose, Throat Surgery, in the Pennsylvania Court of Common Pleas for Luzerne County. Plaintiffs alleged that defendants had been negligent...

Pennsylvania Jury Awards Record $12.5 Million In Medical Malpractice Suit Brought By Paralyzed Patient

On the morning of June 17, 2011, Kenneth Del Grosso presented to the emergency room of Delaware County Memorial Hospital (DCMH) with left-sided neck pain and tingling down his left arm. Del Grosso was placed under the care of Karl G. Schwabe, M.D. and he was admitted for observation to rule out cardiac...