Professional Malpractice Updates

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Government Tort Claims Act – Claims Presentation Requirements

Emma Esparza v. Kaweah Delta District Hospital - Court of Appeal, Fifth Appellate District (September 21, 2016) - The Government (Tort) Claims Act (the “Act”) mandates that all claims or damages against a public...more

Illinois Plaintiffs May Have More Time to File Medical Malpractice Wrongful Death Cases

Summary of the Decision - The Illinois Supreme Court recently entered a decision captioned Moon v. Rhode that holds the more liberal discovery rule applies to trigger the time to file medical malpractice wrongful death...more

Health Alert (Australia) October 17, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 13 October 2016 - Coote v Kelly; Northam v Kelly [2016] NSWSC 1447 - On 23 May 2012, Mr Coote died...more

Court of Appeal Recognizes Regulator's Robust Implied Power in Name of Public Protection

In Law Society of Alberta v. Beaver, 2016 ABCA 290, the Alberta Court of Appeal held that suspended lawyers are not entitled to act as “legal agents,” a limited status in which the agent can represent another person in...more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

Mandatory PI insurance for lawyers - minimum requirements approved

By decree no. 22 September 2016, published in the official gazette on 11 October 2016, the minimum requirements of the mandatory PI insurance for lawyers have been approved. The main minimum requirements are summarized below....more

S. Dakota high court asked to pry open hospitals’ secret approval of brutal MD

South Dakota’s highest court has been asked to reject hospitals’ attempts to keep secret why a doctor, who also is a convicted burglar with a checkered medical past that could have easily been uncovered, passed a peer review...more

[Event] 2016 Long Term Care Legal Update: Insights and Best Practices for Risk Mitigation in Employment and Litigation Claims -...

Please join LeClairRyan at Charter Hall in Roanoke's Market Building for a complimentary midday presentation (lunch served) on strategies to combat today's legal concerns. Our attorneys will share insights to help you manage...more

Health Alert (Australia) October 10, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: - Commonwealth. High Court 5 October 2016 - Lyons v Queensland [2016] HCA 38 The question in this appeal...more

Interesting Issues In Legal Ethics

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, spoke at the Tarrant County Bar Association’s Ethics Seminar on September 30, 2016, and presented “Interesting Issues In Legal Ethics.” The presentation...more

Health Alert (Australia) October 3, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission. 23 September 2016 - Francis Logan v Bendigo Health Care Group [2016] FWC 6780 -...more

Medical Litigation Newsletter - October 2016

When a Defensible Claim Goes Sour: Defending Spoliation of Evidence Claims - Let us assume you have a credible defense to the negligence allegations as to the care and treatment provided by a doctor, hospital, medical...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

'Ostrich' Theory Enforces Ill-Defined Duty to Investigate Clients' Conduct

In recent years, the application of a “conscious avoidance” or “willful blindness” theory as the basis of attorneys’ liability for clients’ criminal conduct has been on the rise. In principle, this standard — commonly...more

Health Alert (Australia) 26 September 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland - 10 September 2016 - Inquest into the death of C - C was a 14 year old girl with multiple physical and...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

Health Alert (Australia) September 19, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia - 13 September 2016 - Dang Pharmacy P/L v Dang [2016] SADC 106 - This is a review of a decision by...more

Ninth Circuit Upholds Felony Conviction of Urologist, Under FDCA, for Reusing Single-Use Needle Guides During Prostate Biopsies...

In 2014, Las Vegas urologist, Dr. Michael Kaplan, was convicted by a federal jury for reusing single-use plastic needle guides during prostate biopsies. He was convicted of conspiracy to commit adulteration in violation of...more

Trial Court's Error In Underlying Case Was Superseding Cause Of Plaintiffs' Claimed Damages

Whether the trial court erred in the underlying litigation is always an important part of the proximate (or "but for") causation analysis. Stanfield v. Neubaum, 2016 WL 3536865 (Tex. June 24, 2016) is yet another case that...more

A Fool For a Client?

If you think you can fix that mistake, think again. As lawyers, taking matters into our own hands is dangerous and ill-advised. We are all familiar with Abe Lincoln's maxim: “The lawyer who represents himself has a fool...more

Hospital Errors – No Disclosure

Hospitals and doctors, according to a recent study, rarely admit their mistakes. Deflecting responsibility and avoiding blame are traits that society associates with schoolchildren but not with accomplished professionals,...more

Health Alert (Australia) September 12, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland - 2 September 2016 - Inquest into the death of Michael James Calder Mr Calder was aged 33 when he was...more

Who’s the “Real Client”? Attorney-Client Privilege Between Firm In-House Counsel And Other Firm Lawyers

While attorneys provide legal advice to their clients, they are sometimes the recipients of such advice from their own counsel, including in-house firm counsel. Agreeing with recent decisions by the highest courts of Georgia...more

Common Examples of Medical Malpractice that Can Lead to Birth Injuries

Thankfully for everyone involved, modern medicine has made the process of pregnancy, labor and delivery much safer for both mother and child than it has ever been in history. Unfortunately, however, there are instances in...more

Health Alert (Australia) August 29, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 23 August 2016 - Secretary, Department of Health (as successor to the Secretary, Department of Social Services) v DLW...more

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