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 November 22, 2020




Vital Insights from 10 Years of Malpractice Claims

It raises vital questions and renewed areas of focus for the healthcare industry. Data reveals drivers of risk to inform future change. Malpractice dat


Radiologist trainees prevail in 69% of rare malpractice cases brought against them

Radiology Business

“Despite concerns expressed about medical malpractice liability faced by trainees and the risk faced by faculty working with trainees, our analysis of …


Claim filed against inn on behalf of Maplecrest patient from Madison who died from COVID-19

Kennebec Journal & Morning Sentinel

... would be handled differently than the one against the Big Moose Inn as the situation at Maplecrest would be treated as a medical malpractice suit.


COVID-19 Vaccinations Are Coming, But What Will the PREP Act Immunize?

JD Supra

Due to the recent announcements of successful trials for a COVID-19 ... liability for losses relating to the administration of medical countermeasures.


Judge Awards $10 Million to Parents of Disabled Child in Washington 'Wrongful Pregnancy' Lawsuit

Centralia Chronicle

"This has been a hard-fought battle" that lasted eight years while the government refused to take responsibility for the negligence of a nurse at a ..


Surgery takes biggest share of medical malpractice claims — 7 insights

Becker's ASC Review

2. Anesthesia-related allegations were on the other end of the spectrum, representing just 2.8 percent of medical malpractice claims. 3. Sixty-three …


Know your rights in medical malpractice cases

Cleveland Jewish News

According to the American Board of Professional Liability Attorneys, medical malpractice occurs when a hospital, doctor or other healthcare ...


Not just COVID: Nursing home neglect deaths surge in shadows

The nursing home trade group American Health Care Association disputed that there has been a widespread inability of staff to care for residents and ...


Jury Instruction Error Leads to Redo in Medical Malpractice Case

Bloomberg Law

A Mississippi doctor is entitled to a new trial in a medical malpractice case because the trial court erred by refusing to instruct the jury about his theory …


Encouraging Efficient Errors in AI Technologies

The Regulatory Review

Strict liability penalizes manufacturers for consumer harms regardless of knowledge or precautions, which stifles innovation. Furthermore, existing ...


On Lawyer Communication

JD Supra

Yet, bar complaints and legal malpractice actions frequently cite poor communication as a source of discontent in the attorney-client relationship…


Facts, facts, everywhere facts. Factual issues preclude summary judgment.

JD Supra

The court examined virtually every element of a legal malpractice claim and held that there were issues of fact involving: whether Ordower and Mizrachi ...


Collectibility Isn't Relevant in Louisiana Malpractice Actions

Bloomberg Law

This was the first time the court considered collectibility in a legal malpractice action, and the court broke ranks from the numerous other jurisdictions ...