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.  

 

 PROFESSIONAL LIABILITY IN THE NEWS

 

 


Week ending April 1, 2018

 

MEDICAL

 

DisabledVeterans.org (blog)
The death of this veteran was caused by negligence. Pretty much everything that happens at the VA is caused by negligence. Negligence in checking veterans medical records correctly before administering fatal injections, Negligence in scheduling appointments in a timely manner resulting in huge ...
Healthcare Finance News
Hospitalists have a unique role in healthcare. While many aren't employees of an actual hospital, they often contract with hospitals that are under some kind of pressure, whether it be physician or nurse burnout of the threat of medical malpractice claims. Obstetricians – the OBs in OB/GYNs – are no .
WebMD
It names Mortimer and his wife, Linda Gay McKinnon Mortimer, as well as Obstetrics and Gynecology Associates of Idaho Falls, alleging medical malpractice, fraud, and breach of contract. Rowlette, Ashby, and Fowler all live in Eastern Washington. Mortimer and his wife live in Bonneville County, ID, ...
Law.com
“That's really what kind of swayed the jury,” Laughlin said, adding that the case also dealt with a medical negligence issue that was easy for jurors to understand. “I think the jury did the right thing here,” she said. “His fall was preventable.” Counsel for Mercy Hospital, J. Michael Doyle of Post & Schell in ...
Northwest Trail
Global Medical Malpractice Insurance Market 2018-2023 report provides key infomation regarding the industry as well as valuable facts and figures, skilled opinions, important aspects with overall outlook of the market with holistic view of the industry from a worldwide position. The Medical Malpractice ...
Poughkeepsie Journal
Panos was facing hundreds of civil medical malpractice lawsuits. A settlement agreement reached in February could mean up to $40 million for the 256 plaintiffs suing Panos. Attorney Christopher Meagher of the Meagher & Meagher law firm, who represented more than two dozen civil plaintiffs, said at ...
Monthly Prescribing Reference
The incidence of adverse medical events decreased significantly when physicians received sovereign immunity from medical malpractice claims at a Florida hospital, according to a study published in Health Management, Policy and Innovation. For this study, researchers examined safety events ...
Mondaq News Alerts
The Alabama Supreme Court has made clear that, "to present a jury question, the plaintiff in a medical-malpractice action must adduce some evidence indicating that the alleged negligence (the breach of the appropriate standard of care) probably caused the injury. A mere possibility is insufficient.
Law360
Law360 (April 12, 2018, 6:31 PM EDT) -- A Louisiana appeals panel on Wednesday upheld a verdict finding no medical malpractice when a doctor attached part of a patient's stomach to the wrong part of the intestine during emergency surgery, finding the jury was allowed to base its decision on which ...
WKYC.com
What they can get all depends on whether these cases are ruled medical malpractice or something else. "I'm a woman wounded," Sarah Deer said. "Robbed by cancer of my health and body that I once knew and robbed by University Hospitals of my future." Consolidating the cases is simply done to ...
Citizens Voice
WILKES-BARRE — The family of an 11-month-old boy who died of septic shock caused by an intestinal problem has settled a medical malpractice lawsuit against Geisinger Health System for $6.5 million, according to documents filed in court Friday. The parents of Gunner John Carl Harowicz Hayes ...
 
LEGAL
 

Considerations Regarding Attorney-Client Privilege in the Joint Representation of Multiple Clients

Law.com

In Newsome, a liquidating trustee on behalf of a bankruptcy debtor filed a legal malpractice lawsuit against a group of lawyers based on their roles as attorneys for both the debtor and the debtor's parent company. The lawyers had an attorney-client relationship with both the parent company and its ...


Ethical Considerations in E-Discovery: Avoiding Malpractice Claims

Law.com

The failure to do so can present significant risks from an ethical and malpractice perspective. Mathews is a member and Gladis is an associate in the professional malpractice group at Chiesa Shahinian & Giantomasi, in West Orange. They advise professional services clients on legal malpractice claims, ...


Cohen raid was legal, proper and likely justified

Baltimore Sun

A Monday, the FBI raided the offices of Michael Cohen. Michael Cohen is President Trump's personal attorney. The President criticized the raid in early-morning tweets Tuesday. Communications between clients and their lawyers are privileged. The communications are beyond the reach of law ...


Supreme Court allows legal malpractice claim to continue

Indiana Lawyer

A legal malpractice claim against a suspended northern Indiana attorney and his firm will continue after the Indiana Supreme Court found a genuine issue of material fact as to whether the plaintiff's premises liability claim would have succeeded had the firm not failed to timely file her complaint.


The Iowa Supreme Court finds that proof of exoneration is not necessarily required for a convicted ...

Professional Responsibility Blog

The Iowa Supreme Court finds that proof of exoneration is not necessarily required for a convicted defendant to sue for legal malpractice. In a many jurisdictions, a convicted criminal defendant who wants to recover for malpractice against his or her former lawyer has to obtain post conviction relief and ...