National Trending Topics in Professional Liability

Week Ending 4/18/21

 

MEDICAL MALPRACTICE 

Bill would make medical malpractice lawsuits more accessible to residents

Guam Pacific Daily News

Speaker Therese Terlaje and Sen. Telo Taitague introduced Bill 112-36 which would replace Guam's Medical Malpractice Mandatory Arbitration Act with …

 

COVID claim must meet malpractice standard

Virginia Lawyers Weekly

... assisted living facility led to a resident's COVID-19 death must meet requirements for medical malpractice actions, the judge decided. Circuit Judge .

 

Do Successive Transfers of an Emergency Patient Amount to an EMTALA Violation?

Monthly Prescribing Reference

... involved for medical malpractice and negligence. A claim was also filed against Hospital A, alleging violations of the Emergency Medical Treatment .

 

Ripped Apart: Living Misdiagnosed

PR Web

Gary and Carol Stern's Epic Fight Against Malpractice in the American Health Care System Written by Award-Winning Author David Black to be ...

 

Who will be liable in the coming AI age? 4 things for radiologists to know

Health Imaging

In negligence cases, which typically cover medical malpractice, the plaintiff must demonstrate four key occurrences, including a duty of care and breach …

 

'Justice for Jo Jo': Mother is looking to change Florida law, after the 2019 death of adult son

WPTV.com

Marcia and a group home leader rushed Jo Jo to the closest hospital, ... that if you are not a spouse of someone who dies from medical negligence or …

 

Family of Model Left Brain Damaged From Eating Pretzel Receives $29 million

TooFab

... of 35-year-old Chantel Giacalone sued MedicWest Ambulance for negligence, ... He said the drug that could have saved Giacalone only cost $2.42.

 

What is the Eggshell Rule and How Does It Apply to Personal Injury Cases?

Legal Reader

Under the eggshell rule, at-fault defendants will be responsible for ... If your claim involves medical malpractice or product liability, you want an ...

 

Bill seeks to shield doctors from liability when consulting

Juneau Empire

A supreme court decision in Minnesota in 2019 found that there doesn't have to be a direct doctor-patient relationship for a malpractice suit to occur, …

 

Damages in Cerebral Palsy Lawsuits

The National Law Review

Many lawsuits alleged that medical negligence before, during, or after childbirth ... have artificial caps, or damage limits, on medical malpractice case

 

International Accreditations for Hospitals Drive Prospects of Medical Tourism Market in Offering ...

PRNewswire

There are a few other key concerns, such as varying rules pertaining to medical negligence. Compensation frameworks for malpractice at times are ...

 

Preeclampsia and Obstetrical Negligence

The National Law Review

... obstetrician failed to properly monitor you for preeclampsia during your prenatal care, there may be grounds to file an obstetrical negligence lawsuit

 

COVID-19 nursing home deaths unchallenged in NH courts

The Keene Sentinel

Medical malpractice lawsuits are expensive to pursue and could be difficult to prove in the context of a worldwide disease that has been especially ...


Editorial: 2 new laws could lead to fewer physicians, hospitals in New Mexico

Albuquerque Journal

The biggest setback to your chances for quality health care in the future is legislation pushed by trial lawyers to reshape the Medical Malpractice Act.

 

OPINION: Doctors Should Be More Candid With Their Patients

NPR

I feel much safer now caring for patients in my primary care clinic. ... decisions on a fear of being sued for malpractice if something goes wrong.

 

Medical malpractice lawsuit reform sparks Chamber pushback

Florida Politics

Walker said Florida physicians' medical malpractice insurance rates are 26% higher than the average national costs. Walker claimed that, if passed, ...

 

Steering Clear of the OPMC in NY

The National Law Review

The prevalence of medical malpractice lawsuits in New York is enough to scare many physicians out of practicing medicine. Unfortunately, “defensive” ... 


LEGAL MALPRACTICE 

 

Lawsuit Tax Hinges On Settlement Wording And IRS Form 1099

Forbes

I said a legal malpractice settlement should be tax free for an underlying physical injury case, where damages would have been tax free in the ..

 

Foley & Lardner Can Force Plaintiff Suing for Malpractice to Arbitrate Firm's Unpaid Fees Claim ...

Law.com

The company claimed Foley had breached duties owed to it, such that it constituted negligence and legal malpractice, according to underlying court …

 

Excessive Legal Fees in Pelvic Mesh? Court's Plea for Help Unheeded in Choice-of-Law Question

Law.com

The class-action suit brought legal malpractice claims on behalf of 1,450 potential class members whose pelvic mesh suits were filed in New Jersey ...

 

Federal Court In Baltimore Allows Racketeering And Fraud Claims To Proceed In Tessemae's LLC ...

PRNewswire

The surviving claims include RICO, negligence-legal malpractice, fraud, breach of fiduciary duty, and breach of contract. Tessemae's CEO Greg Vetter …

 

Reinstating the Two-Year Statute of Limitations for Legal Malpractice Claims

Law.com

Legal malpractice claims may be brought in two forms: negligence and breach of contract. To state a claim for negligence, a plaintiff must allege: ...


Prompt Action Needed To Cure Inadvertent Production of Privileged Documents

Law.com

... to its insurer notifying the insurer of the availability of the legal malpractice claim, which would form the basis for the underlying claim being litigated.

 

California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager

Law.com

... filed suit against Shumway in Los Angeles Superior Court, alleging legal malpractice, fraud and breach of fiduciary obligation, among other things.

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