Labor & Employment Professional Malpractice

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Joint Employment Finding Leads to Unexpected $3 Million Liability in Hospital Malpractice Case

When Washington Hospital obtained an insurance policy in 2003 to cover medical claims arising from acts by its employees, its insurer probably did not consider whether hospital employees included workers supplied by a...more

Moss v Eagleston [2014] NSWSC 6

In Moss v Eagleston [2014] Mr Moss supplied information to Nationwide News Pty Ltd about his criminal background and association with Shapelle Corby. Mr Moss then sued Nationwide News, alleging they had breached a contractual...more

Illinois Supreme Court Handing Down Bartlow and Evanston Insurance on Friday Morning

The Illinois Supreme Court has announced that it will file opinions in two civil cases on Friday morning at 10 a.m. The cases and issues presented are...more

The Potential Pitfalls of Joint Representation

A recent California Court of Appeal opinion, Yanez v. Plummer, provides a cautionary tale for in-house counsel or outside attorneys who jointly represent their institutional client’s employees or agents in depositions. If...more

The Perils of In-House Counsel Simultaneously Representing Company and Employee

In Yanez v. Plummer (Nov. 5, 2013, C07026), the Third Appellate District issued an opinion highlighting the perils for an in-house lawyer who simultaneously represents the company and an employee. Union Pacific fired Michael...more

Employer’s Lawyer Who Defended Employee At Deposition May Be Liable To The Employee For Malpractice

Corporations may have free speech rights (Citizens United v. FEC, 558 U.S. 310 (U.S. 2010)) but they can’t talk. Thus, any deposition testimony must come from the mouths of people who are the agents, employees and directors...more

HIPAA Violation Results in $1.44 Million Jury Verdict Against Walgreens, Pharmacist

Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and...more

Illinois Supreme Court to Hear Five Civil Cases In May

On Tuesday, the Illinois Supreme Court announced its oral argument calendar for the May term, and it includes arguments in five civil cases. The cases, with the questions presented in each, are...more

Perils of Ambiguity in Rule 68 Offer of Judgment

Through the recent employment law 7th Cir. decision in Sanches v. Prudential Pizza, Inc. we examine the danger of failing to be sufficiently specific and clear in a Rule 68 offer of judgment which there resulted in the...more

The Impact of State Laws Limiting Malpractice Awards on the Geographic Distribution of Physicians

This study examines the impact of State legislation that caps damage awards in malpractice cases on decisions of physicians about where to practice medicine. Twenty-four States now have laws that limit damage payments in...more

New York Erb’s Palsy Lawyer from The Perecman Firm Commends NFL Player Adrian Clayborn

New York Erb’s palsy lawyer David Perecman applauds Adrian Clayborn of the Tampa Bay Buccaneers. The defensive end is playing outstanding NFL football this season even with damage to his arm caused by Erb’s palsy. “His...more

Healthcare Legal News - November 7, 2011 • Volume 1, Number 4

In This Issue: - Further Erosion in Healthcare Reform - Labor & Employment News: Should Your Organization Have An Affirmative Action Plan? Recent Decision Requires Hospitals To Re-Evaluate Whether They Are Subject To...more

New York Nursing Home Abuse Lawyer from The Perecman Firm Comments on the Unconscionable Abuse of Adult Home Residents in Brooklyn...

New York nursing home abuse lawyer David Perecman comments on the charges filed by residents at the Garden of Eden Home in Brooklyn. The residents claim that they were abused mentally, emotionally, and financially by adult...more

When Negligence Becomes Deliberate

When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...more

Corporate fraud risk management (in Russian)

This article describes an approach to fraud risk management with real case examples. Document is written in Russian....more

VARIOUS LIABILITIES, RELIEFS, DEFENCES AND PROTECTIONS TO THE DIRECTORS OF COMPANIES UNDER INDIAN LAWS

A company is legally separate and distinct from its members. It is ultimately an artificial creation and it acts through its servants or agents. The decisions of a majority of its members in general meetings are regarded as...more

Funk & Bolton Mid-Atlantic Property & Casualty Reporter; March 2011

Funk & Bolton's Coverage & Defense Practice Group provides advice and counsel to insurers in coverage and extra-contractual matters, product development and claim compliance, and defends claims and litigation matters....more

Medical Practice Asset Protection - Two BIG liabilities with Simple Fixes

As we discussed in my previous article on employee lawsuit exposure, employment-related lawsuits are one of the biggest threats facing all employers today, including medical practices. In fact, the average small business in...more

CORRIDORS - News for North Carolina Hospitals - Spring 2011

In this issue: Value-Based Reimbursement: CMS Ups the Ante for Hospitals with Proposed Rulemaking; Summary of North Carolina Senate Bill 33's Medical Malpractice Reform; ICE Targets Large Employers - How to Be Prepared; You...more

Superior Court Recognizes Another Exception to the Pennsylvania At-Will Employment Doctrine

On January 19, 2011, a three judge panel of the Superior Court of Pennsylvania recognized another exception to the at-will employment doctrine. In Haun v. Community Health Systems (pdf), the court affirmed the trial court's...more

Your Workplace Computer Is A Lonely Public Roadway

According to the third district appellate court in Holmes v. Petrovich, 2011 DJDAR 671, your office privacy is a lonely public roadway. And where the limits are clearly posted, you had better obey—no matter what kind of...more

The New World of Work

What are the trends going to be for personnel management in the years to come? From an employment law point of view, how will companies and employees relate to each other in these changing times? These questions were central...more

Two Practices, One Life: Why Your Life Outside The Law Matters

A short article on the stress lawyers face in their practice and the importance of managing that stress for a successful career....more

Are Partners Protected by Antidiscrimination Laws In the Event They are Discharged? Are Law firm Partners Owners and Not...

The fact, rarely spoken of publicly, is that law firm partners are simply employees at will. The issue is framed in the context of (1) a recent federal case in which a female partner was ousted by her partners and claimed...more

Complying with PIPEDA in Canada

Compliance with the Personal Information Protection and Electronic Documents Act On January 1, 2001, Part I of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”) came...more

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