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 31, 2020

 

 

MEDICAL

News Distinct

Medical Malpractice Insurance Market report is to help the user to understand the Coronavirus (COVID19) Impact analysis on market in terms of its ...

 

Community Health wins partial reversal in family records dispute

Indiana Lawyer

... not governed by the Medical Malpractice Act.' In this specific case, we agree with Appellees,” Judge Rudolph Pyle III wrote for the appellate court.

 

Missouri Set To Enact Reforms Limiting Claims For Punitive Damages And Violations Of The MMPA

JD Supra (press release)

Additionally, it prohibits plaintiffs from pleading around the medical malpractice statute by bringing their claims under the MMPA. The adoption of a …

 

Habit Evidence: Admissibility of Custom and Practice in Medical Malpractice Cases—Truth or ...

Law.com

Can such evidence arise from a creative imagination and be a poor excuse for medical negligence? By Alan W. Clark | May 27, 2020 at 11:00 AM. X …

 

Complications From Child's Surgery Lead to $12.5M Settlement in Essex

Law.com

Yeh, a medical malpractice suit on behalf of a child whose right leg had to be ... The suit claims that N.O., who was five when he was hospitalized for ...

 

The Coronavirus Pandemic Shows the Folly of Medical‐​Licensing Laws

Cato Institute

Unfortunately, as many victims of medical malpractice will attest, the granting of a license offers no such protection. Licensing restrictions do, however, ...

 

Court affirms ruling on potential lawsuit

American Press

... in the lawsuit must be reviewed by a medical review panel before the lawsuit can commence pursuant to the Louisiana Medical Malpractice Act.

 

Tenn. Court OKs Slash Of $4.5M Med Mal Verdict To $1.25M

Law360

Law360 (May 29, 2020, 10:52 PM EDT) -- A Tennessee appeals court on Thursday approved the reduction of a $4.5 million medical malpractice …

 

As states protect nursing homes from lawsuits, families fear they have little recourse

WBAL Radio

The sisters could no longer handle the care for Matthews, a former ... The costs and benefits of medical malpractice lawsuits has been the subject of ...

 

LEGAL

 

Legal Malpractice Payouts Climb, and With COVID-19, No Crest in Sight

Texas Lawyer

The number of eye-popping legal malpractice payouts surged in 2019, according to a recent study by insurance broker Ames & Gough, but the …

 

Double Loss: Developer on Legal Malpractice Suit, Buchanan Ingersoll on Counterclaims

Law.com

Three-year legal malpractice litigation between prominent Miami developer Avra Jain and Buchanan, Ingersoll & Rooney ended with no winner.

 

Ninth Circuit Affirms Summary Judgment for Defendants Based on Plaintiffs' Failure to Present ...

JD Supra (press release)

Although the appellate court noted that California's expert testimony requirement in legal malpractice actions contains a common knowledge exception, ...