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 August 9, 2020

 

MEDICAL

 

NY rolls back legal immunity for hospitals, nursing homes

Thehour.com

Nursing homes and hospitals will no longer have immunity for care not ... were let off the legal hook for any abuse, neglect and substandard care.”.

 

CMS “Hospitals Without Walls” Flexibilities

The National Law Review

... non-traditional location will likely be scrutinized in any future medical malpractice action. CMS's waiver authority also does not affect state law and, …

 

Schumer's overblown attack on GOP proposal for medical malpractice lawsuits

Washington Post

Mitch] McConnell said, 'We need things not extraneous, extraneous to covid.' You know what's in this bill? No medical malpractice suits till 2024, even …

 

 Unrevealed Discussion Between Doctors Tolls Statute of Limitations in Wrongful Death Case ...

Law.com

According to McLaughlin, Barax was unreachable for deposition until the ... outweighs the interest in control of medical malpractice insurance costs.

 

West Chester law firm scores huge victory in birth injury case

Daily Local News

Sargent helped score a significant victory for their health care clients in a birth injury medical malpractice appeal recently. In Charlton v. Troy, the ...

 

Minnesota Supreme Court Holds That a Hospital May Be Held Liable for Negligence of Its ...

JD Supra

The allegedly negligent care had been provided by two independent contractors retained by Allina to provide radiology and emergency medical service.

 

Iowa legal settlements hit five-year high

Muscatine Journal

... and defend UI Health Care employees from medical malpractice claims. According to the state board, UI Physicians — the state's largest medical ... 



LEGAL

How COVID-19 Could Affect Legal Malpractice

Legal Examiner

How does a struggling economy relate to legal malpractice claims? When people are left without money unexpectedly, they may become desperate to ...

 

Texas Appeals Court Says No Expert, No Malpractice Claim

Law360

Law360 (August 5, 2020, 5:34 PM EDT) -- A Texas appeals court upheld Freeman Mills PC's defeat of legal malpractice claims lodged by an oil and ..

 

Lawyer who borrowed $440K from litigation funder on $18M tab: That's usury

Legal News Line

Another $150,000 went toward a legal malpractice lawsuit that Callagy originally pursued with another lawyer. The two fell out midway through the …

 

Elder Law | Couple should carefully consider amendments to trust

Santa Cruz Sentinel

Taking your word that it's OK is risking legal malpractice. In some cases, it's easier and less expensive for a lawyer to skip reviewing an existing trust ...