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Professional Malpractice Consumer Protection

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

You Should Know - March 2017

Proposed Law on Medical Malpractice and Nursing Home Abuse May Hurt Your Family - It’s already hard enough in many states to hold accountable those responsible for medical errors at nursing homes, clinics and hospitals....more

FDA-Approved Labeling Does Not Equal Medical Standard Of Care

by Reed Smith on

We’ve been defending the ability of physicians to engage in off-label use ever since the Bone Screw litigation of the 1990s. Buckman Co. v. Plaintiffs Legal Committee, where the United States Supreme Court affirmed that...more

Connecticut Trial Court Addresses Administrative Agency's Targeting of Law Firms Under the State Unfair Trade Practices Act

by Pullman & Comley, LLC on

In a December 5, 2016 decision, a Connecticut trial court (Huddleston, J.) addressed the limitations on the Connecticut Commissioner of Consumer Protection in enforcing a so-called "investigative demand" served under the...more

Receiver for payday lenders sued by CFPB files malpractice lawsuit

by Ballard Spahr LLP on

The court-appointed receiver for a group of interrelated companies sued by the CFPB in September 2014 for engaging in allegedly unlawful online payday lending activities has filed a malpractice lawsuit against the law firm...more

10 Questions to Ask your Law Firm Vendor Management Program (Part 1)

Law firms providing mortgage servicer clients default-related legal services are vendors, and financial services companies need to treat them as such. Not only that, law firms often interact directly and continuously with...more

Some Legislation of Interest

by Pessin Katz Law, P.A. on

With the end of the 2016 Maryland legislative session and the completion of bill signings by Governor Lawrence J. Hogan, Jr., PK Law highlights several bills of interest to our readers: HB 185: One of the few pieces of...more

Debt Collection Litigation in the Cross Hairs: CFPB's Consent Order Against New Jersey Law Firm Creates More Problems Than...

by Clark Hill PLC on

Lightning can strike twice. With the ink barely dry on the Consent Order against the Hanna Law Firm (Hanna) in Georgia, the Consumer Financial Protection Bureau (CFPB or Bureau) yesterday took action against another debt...more

Real Estate E&O Policy Exclusions Arising from Bank-Owned Properties

From the 2015 PLUS Conference session “2015 Real Estate E&O Trends,” Mike Smith (Axis Insurance Services), Eric Myers, RPLU (Victor O. Schinnerer & Co.) and Gary Shendell (Shendell & Pollock) discuss the real estate E&O...more

When do healthcare defendants want to be accused of malpractice?

Most injury or wrongful death cases against hospitals, health care facilities, and health care practitioners are governed by the procedures in Fla. Stat. 766, also known as the Medical Malpractice Act. This Act itself is...more

Feds Go After Websites Selling Suspect Medicine and Devices

Partnering with international regulatory and law enforcement agencies, the FDA last month put the screws to more than 1,000 websites that illegally sell potentially dangerous drugs and medical devices directly to consumers....more

The Top 10 Patient Safety Concerns for Healthcare Organizations in 2015

The Emergency Care Research Institute, (ECRI) Patient Safety Organization (PSO) has issued its 2015 “top 10 list” of safety concerns for multiple healthcare settings, such as hospitals, ambulatory care centers, doctor’s...more

DTSC Releases Final Priority Product Work Plan

by Bergeson & Campbell, P.C. on

On April 16, 2015, the California Department of Toxic Substances Control (DTSC) released its much anticipated Final Priority Product Work Plan under the Safer Consumer Products Regulations. The Work Plan, initially proposed...more

U.S. Supreme Court case examines authority of state health care licensure boards and patient safety

by Howard Ankin on

Many individuals may find comfort in the knowledge that their doctors, dentists and other healthcare professionals are required to pass rigorous testing in order to receive their licenses. These licenses are issued by each...more

Unprofessional Marketing: Illinois Appellate Court Denies Professional Liability Coverage for TCPA Violation

by BakerHostetler on

On November 26, 2014, an Illinois appellate court held that a professional liability insurer had no duty to defend or indemnify its insured for a class action brought under the Telephone Consumer Protection Act (TCPA) because...more

ABA Takes Restrictive Approach to Use of Law Firm Letterhead in Debt Collection - ABA Standing Committee on Ethics and...

by Holland & Knight LLP on

Brief Summary: The American Bar Association (ABA) has concluded that a prosecutor who allows a debt collection company to use the prosecutor's letterhead to demand payment from borrowers violates Model Rules 8.4(c) and...more

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

by Charles E. Rounds, Jr. on

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more

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

by BakerHostetler on

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

Bar President: 3Ls Should Get Paid for Internships

by Bloomberg Law on

June 28 (Bloomberg Law) -- John Thies, outgoing president for the Illinois State Bar Association, talks with Bloomberg Law's Lee Pacchia about his organization's report on the impact of law school debt on the delivery of...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - May 2013

In This Issue: - When Hospital Errors Follow You Home, and Into Your Soul - What Survivors of Patient Harm Can Expect - Hurting the Healing Process - Learn More About Your Rights and How to Reduce the Harms of...more

Home Loan Modification Help FAQs from the State Bar of California

by Christine Kingston on

Senate Bill 94 does not prevent an attorney from earning fees for helping consumers with home loan modifications. However, no one can accept fees up front for the work, nor can they place fees in their trust...more

You Should Know - March 2013

In This Issue: - Silent Epidemic - Types of Abuse - Know the Red Flags - Excerpt from Learn to Spot the Red Flags of Elder Abuse: Abuse of Elderly a Growing Concern in Aging America: Right now, millions of...more

Law Firm with Inaccurate Billing Records Receives Nothing for Its Efforts

Woodland Hills Attorney Barry P. Goldberg warns his colleagues to have believable and accurate time records or risk receiving no compensation whatsoever from a reviewing court. Since the California Court of Appeal did not...more

Law Prof: I May File Law School Ethics Charges

by Bloomberg Law on

Feb. 22 (Bloomberg Law) -- Ben Trachtenberg, an associate professor at University of Missouri School of Law who has written about law schools misrepresenting incoming student GPAs, LSAT scores and graduate employment data,...more

Questionable Actions of Class Counsel Did Not Merit Decertification in Class Action

by Pavlack Law, LLC on

This week we discuss the recent 7th Circuit junk fax class action case which determined that the misconduct of class counsel only merits decertification or denial of certification where the misconduct creates a "serious...more

Brokers – The Marine Peril of Not Knowing the Market

by Nathan Cecil on

Two recent cases have highlighted the need for brokers to be familiar with the nature of their client’s business and the limits and exclusions of marine insurance products on the market. In both of these cases, the...more

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