National Trending Topics in Professional Liability

Week Ending 6/6/21

 

MEDICAL MALPRACTICE  

Radiology malpractice cases most often involve cancer-related diagnostic errors

Health Imaging

A large database made up of medical malpractice claims from both captive and commercial insurers across the U.S. shows cancers account for the ...

 

The Court Rules but also Doesn't Rule on Negligent Credentialing in Iowa

JD Supra

Ultimately, the Rieders argued in the lawsuit that not only had Dr. Segal committed malpractice but that the hospital was liable under the tort of negligent …

 

Washington state to pay $3.25 million, admitting medical negligence in Monroe prison death

Seattle Times

The state Department of Corrections, admitting negligent medical care killed an incarcerated man at Monroe Correctional Complex, will pay $3.25 ...

 

New Mexico Supreme Court upholds non-medical damages cap in malpractice suits

KPVI News 6

Medical liability awards were so high few companies would even offer insurance and those that did set premiums sky high. To answer the need for …

 

Boom in the Medical Spa Industry Amid Regulatory Uncertainty Creates Perfect Storm

JD Supra

To avoid liability, medspa owners (and their medical device suppliers) must stay abreast of current state laws concerning topics such as the corporate ...

 

'They lied to us': Pending lawsuit in COVID-19 nursing home death in NY could open the doors for ...

New York Daily News

The decision would open the door for families to sue care facilities for alleged malpractice, negligence or reckless misconduct early in the pandemic, ...

 

Health care entities win at COA in Notre Dame med-mal dispute

Indiana Lawyer

His wife and legal guardian, Cynthia Rossner, later sued for medical malpractice and initiated several amended proposed complaints thereafter with …

 

How Philadelphia escaped disaster in the face of a dozen shuttered maternity wards

WHYY

Medical malpractice rates are already higher for obstetricians than for any other specialty, and in the late 1990s, the rates in Pennsylvania were higher ...

 

 

Of Note

 

What To Make of the Dan Abrams Case?

Lexology

The federal government does not regulate medical practice. ... concededly not the case in Dan Abrams), there can be medical malpractice liability, see ...

 

Detection of preventable fetal distress during labor from scanned cardiotocogram tracings using deep learning

MG Frasch, SB Strong, D Nilosek, J Leaverton… - arXiv preprint arXiv …, 2021

Despite broad application during labor and delivery, there remains considerable debate about the value of electronic fetal monitoring (EFM). EFM includes the surveillance of the fetal heart rate (FHR) patterns in conjunction with the maternal uterine contractions providing a wealth of data about fetal behavior and the threat of diminished oxygenation and perfusion. Adverse outcomes universally associate a fetal injury with the failure to timely respond to FHR pattern information. Historically …

 
LEGAL MALPRACTICE 

 

The Patent Malpractice Thicket, or Why Justice Holmes Was Right | Semantic Scholar

Semantic Scholar

When a state has created a cause of action for legal malpractice, does the presence of an embedded issue of federal law in such a case mean that …

 

Despite Lower Court's Finding of 'Egregious Lack of Diligence,' Appeals Court Says Ex-Client's ...

Law.com

An Appellate Division, First Department panel has ruled that the legal malpractice lawsuit launched by plaintiff Ricky Zegelstein, a Nassau County-based ...

 

No Coverage for Malpractice Action Alleging Undisclosed “Wrongful Acts” Pre-Dating Policy's ...

JD Supra

... the District of Nevada has concluded that a legal malpractice policy did not apply where the insured attorneys sought coverage for alleged Wrongful …

 

'I Worry About the Slippery Slope': New Florida Ruling Allows 3rd Parties to Sue Lawyers for ...

Law.com

It sued the law firm, claiming Kubicki Draper had committed legal malpractice by failing to raise that argument before reaching the multimillion-dollar ...

 

Jay Peak receiver reaches $32.5M settlement with Quiros' ex-legal team

vtdigger.org

The lawsuit included claims against Gordon and the firm of legal malpractice and breach of fiduciary duty. The law firm, according to the proposed ...

 

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