Professional Liability in the News

Weekly, the ABPLA provides a summary of articles of interest to attorneys who practice professional liability and the consumers of legal services. The majority of the stories provided each week are be from various mainstream media written in a language that is easy for non-attorneys to understand. 


 

Week Ending March 28, 2020

MEDICAL

 

Stimulus Bill Would Boost Liability Protection for Volunteer Docs

Bloomberg Law

But those protections break down when volunteering across state lines, said William A. Ramsey, a medical malpractice attorney at Barrett McNagny …

 

Social Inflation's Impact on the Insurance Industry

Law.com

While the rise in losses in the medical malpractice space is front and center in the social inflation phenomenon, the industry is also witnessing adverse …

 

What practices need to know about cyber insurance

Medical Economics

... cyber coverage they had through their medical malpractice insurance. ... many healthcare providers, most of whom are only familiar with malpractice …

 

Suit for Implanting Wrong Device Doesn't Need Expert Evidence

Bloomberg Law

Nevada law requires trial courts to dismiss medical professional negligence complaints that aren't accompanied by a medical expert affidavit, the …

 

Hospital Liability for Ventilator Shortages

Reason

Courts have at times imposed malpractice liability when a hospital failed to provide a service that might have benefited a patient. For example, in …

 

Award Is Reduced in Mercy Malpractice Case - After Appeal and Mandate

The Missourian

The largest malpractice judgment ever awarded by a Franklin County jury has ... Most of the damages awarded in the judgment were for future medical ...

 

 


LEGAL

Plaintiffs Entitled to Substantial Deference in Choice of Forum

JD Supra (press release)

... Illinois for legal malpractice in an underlying medical malpractice matter. ... in determining whether their local attorneys committed legal malpractice.

 

K&L Gates Loses Dismissal Appeal in Conflict Case

Bloomberg Law

... trade practices should go forward, the judges took a more restrained view about another Quantum claim, that the firm engaged in legal malpractice.

 

Legal Malpractice Suit Over Mesh Fees Dismissed

Law.com

A federal judge has dismissed a legal malpractice lawsuit against six law firms in New Jersey and Texas accused of using invalid retainer agreements …

 

Legal Malpractice and COVID-19: The Devil Is in the Details and Follow the Money

Law.com

I anticipate a COVID-19 legal malpractice upswell (nothing as dramatic as a tsunami), and it does not take much of an imagination to see why.