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Professional Malpractice Updates

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:

Delgado v. Manor Care of Tucson

Arizona Supreme Court Revises Test for APSA Claim - The Supreme Court has revised the test for determining if an actionable violation of the Adult Protective Services Act has occurred. A.R.S. § 46-451. The court...more

Elder Abuse: Caregivers are susceptible to the stress

Dealing with an aging parent brings about an emotional anguish that is as sad as it is stressful. Depending on the level of care a loved one requires – does he or she need help doing the laundry and preparing a meal or...more

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 2

by Butler Snow LLP on

Part 1 of this blog series examined a bankruptcy court’s subject matter jurisdiction over a debtor’s legal malpractice claims. Recognizing that bankruptcy courts typically retain related to jurisdiction over legal...more

Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor – Part 1

by Butler Snow LLP on

Because the number of unsatisfied clients who find themselves in bankruptcy are filing malpractice lawsuits against their pre-bankruptcy counsel is on the rise so, too, is the number of attorneys who find themselves on the...more

Elder Abuse: Who is doing it?

When the time comes that an aging family member needs full-time care, or more care than he or she is receiving, most eyes turn to a daughter or a son, or depending on the circumstances, a grandchild. Often, employment...more

Second Circuit Defers Allegations of Attorney Relationship With Client’s Mother

On June 5, 2017, in an opinion with facts that even the Court seemed to recognize read like the script for a straight-to-video movie, the Second Circuit (Jacobs, Sack, Carney) declined to overturn a defendant’s conviction and...more

Elder Abuse: Signs, Symptoms You Can Identify

The mistreatment of the aged is a societal ill that, sadly, is unlikely to be cured soon. The statistics tell the story. By 2025, the global population of seniors (defined as those age 60 and older) will reach 1.2 billion....more

HR 1215 — Taking Rights Away from Americans

The House of Representatives is trying once again to get HR 1215 out and into the Senate to make it the law of the land. This is a really bad law that takes away rights of Americans....more

Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits

by LeClairRyan on

On May 15, 2017, the Supreme Court of the United States handed down its opinion in Kindred Nursing Centers, L.P. v. Clark. This case addressed the issue of whether an agent acting pursuant to a power of attorney could bind...more

Fla. justices reject keystones of partisans’ plan to undercut patients’ rights

As congressional Republicans pursue their counter factual campaign this week to strip patients of their rights to pursue legal redress for harms they suffer while seeking medical services, the Florida Supreme Court has sent a...more

Insurance Confusion — Breast Cancer

We have all seen the catchy T-shirts for the Susan B. Komen walks “Protect the Tatas.” Few adult diseases have received as much fund-raising attention as Breast Cancer, and for good reason....more

Health Alert (Australia) 5 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 May 2017 - Mrs Nicole Webb v The Trustee for SWC Unit Trust T/A Salisbury Day Surgery [2017] FWC 2573 - Application for relief from...more

Elder Abuse: Awareness Day Aims To End It

Neglect of the elderly, an all-too-often occurrence in nursing homes and other community settings, will take center stage June 15, 2017, during World Elder Abuse Awareness Day....more

Finally, a Win for Long-Term Care Facilities: United States Supreme Court Invalidates Kentucky Rule Singling Out Arbitration...

by Reminger Co., LPA on

Anyone familiar with long term care litigation knows that the number of disputes regarding the use and enforcement of arbitration agreements in the context of assisted living/nursing home admissions has risen sharply over the...more

Medical Negligence - The new legal test in Singapore to determine the standard of a doctor's duty in advising his patient - A...

by Dentons on

The Singapore Court of Appeal has in its recent judgment in the case of Hii Chii Kok v Ooi Peng Jin London Lucien and another [2017] SGCA 38 (Hii Chii Kok v London Lucien Ooi) delivered on 12 May 2017, decided that the Bolam...more

Health Alert (Australia) 29 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 12 May 2017 - White v State of Queensland (Central Queensland Hospital and Health Service) [2017] QIRC 41 - INDUSTRIAL LAW –...more

“Sometimes Wrong, Never in Doubt” – A New Perspective?

Two recent studies of medical malpractice claims highlight how patient complaints may identify those surgeons at greater risk for complications, a significant decrease in paid medical malpractice claims since 1992, and the...more

Trump Administration FY 2018 Budget and Healthcare Programs

by Holland & Knight LLP on

The Trump Administration released on May 23, 2017, its full Fiscal Year (FY) 2018 budget request, titled "A New Foundation for American Greatness." President Donald Trump's request builds off of the administration's March 16...more

Health Alert (Australia) 15 May 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 5 May 2017 - Inquest into the death of Heather Fotiades [2017] NTLC 012 Medical practitioners prescribing high dose opioids for...more

ABA Issues New Guidance on Safeguarding Electronic Communications

by Holland & Knight LLP on

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more

Anything Goes: Indiana Supreme Court Holds Malpractice Claimants Not Limited to Theories Presented to Medical Review Panel

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act requires that before claimants may bring a malpractice action against qualified healthcare providers in court, their claims must be reviewed by a medical review panel (“panel”). The panel...more

Exposé: Illegal attorney solicitation runs wild in Detroit

by Michigan Auto Law on

Until the Attorney Grievance Commission finally takes action to stop it, Detroit will keep paying for illegal attorney solicitation of car crash injury victims... ...more

In urgent matters disciplinary decisions may be released in summarized form, in anticipation of the final elaborated decision...

by Dentons on

"Cup-tail decisions": now also at the disciplinary court! In short proceedings, prosecutors regularly, because of the urgency of the dispute in question, make a verdict in which only the decision (the so-called 'dictum')...more

Trial Court Committed Error in Excluding Evidence of Future Affordable Care Act Benefits in Medical Malpractice Case

by Low, Ball & Lynch on

Cuevas v. Contra Costa County - First Appellate District, Division One (April 27, 2017) - In an ordinary personal injury lawsuit, a defendant may not introduce evidence of amounts the plaintiff received from insurance...more

Code of Law: If You See Something, Say Something

by Dentons on

The legal profession's system of self-governance relies in part on what is effectively an "honor code" for attorneys. Specifically, when an attorney becomes aware of misconduct by another attorney, many states require that...more

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