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 May 24, 2020

 
COVID-19 CRISIS

 

Our View: Baker's nursing home exemption outrageous

The Sun Chronicle

Greg Vanden-Eykel, a medical malpractice lawyer who represents nursing ... “To carve out a special interest exemption for liability and expose the ...

 

Wyoming lawmakers deliver COVID-19 funds, not lawsuit shield

newschannelnebraska.com

The session Friday and Saturday was Wyoming's first since an unsuccessful effort to limit medical-malpractice awards in 2004. Lawmakers …

 

NY Bill Would Repeal COVID-19 Immunity For Nursing Homes

Law360

The law remains in effect for the duration of the state's public health crisis. But Kim said the gross negligence standard is an extraordinarily high bar that …

 

Corporations and consumer groups battle over COVID-19 liability

Roll Call

... for limiting lawsuits from wrongful death, asbestos exposure, injuries from products people buy and medical malpractice, according to its website.

 

The devious COVID-19 liability push: Mitch McConnell's push for coronavirus immunity would ...

New York Daily News

While there have now been at least 1,287 COVID-19-related lawsuits filed, only 87 fall into medical malpractice, wrongful death, or personal injury ...

 


 

MEDICAL

 

Consolidation and Severance of Medical Malpractice Claims

Law.com

... for either severance or consolidation, John L.A. Lyddane examines several themes in the decisions in this edition of his Medical Malpractice column.

 

Post-Katrina law could shield nursing homes, other care providers from liability amid pandemic

KTBS

John Hammons, a medical malpractice attorney with offices in Shreveport and Lafayette, was an advocate for the law when it was enacted in 2006.

 

Supreme Court remote deposition rule should not be misinterpreted

Chicago Daily Law Bulletin

This accounts for the ability to share screens using most remote video ... This is especially so in medical malpractice cases, which can take half a ...

 

Hospital's Trial Win OK'd In Suit Over Worker's Facebook Post

Law360

... defense verdict in a suit seeking to hold a hospital liable for a worker whose ... for Franciscan, told Law360 that they are very pleased with the ruling.

 

Florida Ruling Demonstrates Potential Pitfall for Plaintiffs Bringing Medical Malpractice Lawsuits

Law.com

A plaintiff reluctant to describe his allegations against a Broward hospital and a Lauderdale Lakes behavioral treatment facility as medical negligence ...

  

Coronavirus and the Courts: Challenges Faced

Law.com

For these and other reasons, COVID-19 has largely precluded the courts from ... The medical malpractice order, on its face, modifies three statutory ...


 

LEGAL

Malpractice claims were more common and expensive in 2019 - report

Reuters

Legal malpractice claims were more common and costly in 2019 than 2018 and claims are expected to rise in the wake of the coronavirus pandemic …

 

Torts — premises liability

Chicago Daily Law Bulletin

The Elams filed suit against O'Connor & Nakos in 2016, alleging legal malpractice for failure to timely plead recognized theories of liability, citing the...

 

Fired law firm must go back to trial to prove it is owed part of $200K whistleblower settlement

Legal News Line

The trial judge also rejected Haroldson's claim that Toscano committed legal malpractice and that he was entitled to recover the $15,000 retainer he …

 

$1.7M of Legal Malpractice Verdict Revived Against Alston & Bird

Law.com

The Georgia Court of Appeals reinstated the bulk a $2 million legal malpractice verdict against Alston & Bird, ruling the trial judge should not have ...