Each week the ABPLA  provides a summary of news articles of interest to attorneys who practice professional liability and the consumers of legal services. The majority of the stories provided each week will be from various mainstream media outlets around the country.  If you have a news story you think would be of interest please contact the ABPLA.  





Week ending December 10, 2017




OP-ED: Wrongful Prolongation of Life: A New Cause of Action
On Sept. 15, in a medical malpractice case of first impression, the Honorable W. Hunt Dumont, J.S.C., ret., t/a on recall, in denying defendants' motion for summary judgment, recognized wrongful prolongation of life as a valid cause of action. Koerner v. Bhatt, ___ N.J.Super. ___ (Law Div. 2017). In doing ...

Malpractice lawsuit in teen's death settled for $2 million
CT Post
Instead, the Star Tribune reports the medical malpractice case filed in Hennepin County District Court was settled late last month. The lawsuit claimed negligent and dangerous actions taken during the routine procedure led the teen's death in June 2015. Those actions included incorrectly administering ...

Iowa to pay $240K to settle medical malpractice lawsuit against UI
Iowa will pay $240,000 to settle a lawsuit alleging the University of Iowa Hospitals and Clinics was “vicariously liable” for the death of a Jefferson County man. The lawsuit claims the July 7, 2014, death of Joe Milton Tarver, Jr, 65, was caused by a procedure to make specific body parts more visible to ...

 Justices Won't Review Nebraska's Med Mal Damages Cap
... $17 million jury verdict to $1.75 million per the state's cap on total damages in medical malpractice cases, a move she argued was unconstitutional.

Split Ala. High Court Affirms Hospital Win In Med Mal Suit
Law360, Los Angeles (December 4, 2017, 8:57 PM EST) -- The Alabama Supreme Court on Friday narrowly affirmed a win for a hospital in a medical malpractice suit accusing medical staff of being responsible for a patient's death, despite one justice's insistence that certain factual disputes should've ...

Kentucky Supreme Court Addresses Negligent Credentialing
2017 has been a banner year for developments in healthcare litigation in Kentucky. While the focus has largely been on medical review panels, another issue of importance has been that of negligent credentialing claims brought against hospitals. Nationwide, states have been split on whether this ... 

Medscape Cardiology Malpractice Report 2017: Real Physicians. Real Lawsuits.
Malpractice lawsuits can be challenging and difficult, but only 30% of cardiologists feel that the lawsuit negatively affected their overall medical career. Seventy percent said the lawsuit had no negative effect.

Medscape Ob/Gyn Malpractice Report 2017: Real Physicians. Real Lawsuits.
In 36 states, certain statements concerning disclosure or apologies are prohibited from being admissible in a medical malpractice lawsuit. Ob/gyns are still skeptical. The majority in our survey (87%) do not believe that saying "I'm sorry" to the plaintiff earlier, or at all, would have made a difference in ...

 Medscape Neurology Malpractice Report 2017: Real Physicians. Real Lawsuits.
Malpractice lawsuits can be challenging and difficult, but only slightly more than a fifth (23%) of neurologists feel that the lawsuit negatively affected their overall medical career. Over three fourths (77%) said the lawsuit had no negative effect.

Medscape Oncology Malpractice Report 2017: Real Physicians. Real Lawsuits.
Medscape Oncology Malpractice Report 2017: Real Physicians. Real Lawsuits. Sandra Levy; Leslie Kane, MA | December 5, 2017 | Contributor Information. Share. X. Facebook Twitter LinkedIn Google+ Email. 1 29. Swipe to advance ...

KY Supreme Court takes on medical review panel case
Kentucky Today
The Kentucky Supreme Court agreed to rule on a case involving review panels for medical malpractice. Earlier in 2017, the General Assembly pass a law creating the Medical Review Panels Branch of the Cabinet for Health and Family Services to review claims of malpractice before a civil case is ...

Feds Settle $5M Med Mal Suit Over Child's Hip Injury
Law360, Los Angeles (December 6, 2017, 9:03 PM EST) -- The U.S. government said Wednesday it has agreed to settle a $5 million medical malpractice suit accusing a federally funded health care provider of failing to diagnose a child's hip joint condition that purportedly caused her to have a ... 

New Year's resolution: Dust off that EHR contract to make sure you're as protected as you think
Healthcare IT News
The suit, filed by the estate of patient Stjepan Tot, alleges breach of fiduciary duty and gross negligencebecause the software failed to accurately display his medical records and, as such, blocked him from determining when his cancer symptoms first appeared. EHR vendor Epic Systems, too, was ..

Texas Appellate Panel Allows Amendments To Med Mal Suit
Law360, New York (December 8, 2017, 9:23 PM EST) -- A Texas appellate court on Friday reversed and remanded a medical malpractice suit over a man who died following surgery from a lack of oxygen to his brain, determining that the trial judge should have allowed his family time to amend their ...



Maryland Daily Record
Torts -- Legal malpractice -- Dispute of material fact Charles Rawlings filed a legal malpractice claim in the Circuit Court for Baltimore City against ...


Interesting Legal Malpractice Claim Based on Failure to Assert Exceptional Case
The facts of the case are sparsely set out in the appellate court decision in Smith, Gambrell & Russell, LLP v. Telecomm. Sys., Inc., 63 N.Y.S.2d 384 (N.Y. Sup. Ct. App. Div. Nov. 14, 2017), but are set out in more detail in the trial court's decision, here. Apparently, the firm represented the patentee, and ...

Lawyer Suspended for One-Sided Farmland-for-Fee Deal
Bloomberg Big Law Business
The retainer the parties executed, which was detailed in an opinion dismissing Heuker's parallel legal malpractice suit, made it clear that Bucio was acquiring full title to the land, which his law firm ultimately sold for $135,000—a sum that far exceeded the $9,000 that Bucio conceded he would have been ...

Vicarious Liability and Planning for Emergencies
New York Attorney Malpractice Blog - Andrew Lavoott Bluestone
By Andrew Lavoott Bluestone on December 7, 2017 Posted in Legal Malpractice Cases. A simple fact pattern. Customer comes to store, is offered valet parking. Customer gives car to valet driver, who proceeds to strike a pedestrian. Who may be responsible and how do the liabilities of the store, the ...