Professional Malpractice Updates

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Washington Supreme Court Expands Physicians’ Duty to Third Parties

Most states have laws either requiring or permitting mental health professionals to disclose information about patients who may become violent. These voluntary or mandatory reporting laws require a balancing of the...more

FBI Is Focused On Professional Service Providers

James C. Barnacle, Chief of the Money Laundering Unit in the Financial Crimes Section, Criminal Investigation Division, of the FBI recently stated that there is a RENEWED emphasis on investigations targeting “ money...more

Patient Records Requests: What You Need to Know [Video]

Our guest on Healthcare Matters is Richard J. Rymond, an attorney at Reminger Co., LPA, who specializes in in medical, dental and other forms of professional, commercial and general liability. He is the Dental Liability...more

A Cloud on the Horizon? Attorneys’ Obligations when Using a Third-Party’s Cloud-Based Services

When we think of clouds, we likely picture cumulus, stratus, and cirrus ones, not the type of “cloud” that holds data and software. The latter type of cloud is generally controlled by a third-party service provider and is...more

Medical Causation Experts Pass Daubert Test, But Cannot Opine on Plaintiff’s Lack of Capacity to Sign Release

We typically write about product liability cases, not medical malpractice actions. But the two are not mutually exclusive, and similar issues arise in those cases. Medical causation is an issue we often see in both. Capacity...more

An Overview of North Carolina Medical Malpractice Law

Medical providers — including doctors, nurses, hospitals, clinics, nursing homes, and other health care providers — deliver care that positively affects the lives of millions of people each year. However, even medical...more

Fourth Circuit Holds Staffing Agency Nurse to be Hospital Employee for Purposes of Liability Insurance

Is a nurse employed by a staffing agency and temporarily assigned to work at a hospital considered an “employee” of the hospital and therefore entitled to coverage under the hospital’s liability insurance policy?...more

Seventh Circuit Affirms Dismissal of Malpractice Claim Based on Plaintiff's Failure to Plead "But For" Causation

West Bend Mutual Ins. Co. v. Schumacher, ___ F.3d ___, 2016 WL 7395708 (7th Cir. 2016) - Brief Summary - Plaintiff, a workers' compensation insurer, filed a legal malpractice action against former defense counsel,...more

Lawyers Beware: Sending Native File Documents to Third Parties May Violate Your Ethical Obligations

The rules governing discovery of electronically stored information, though not fully developed, have matured enough to provide the basic “do’s and don’ts” for attorneys. Frequently, a party must produce electronic documents,...more

Medication Errors in Nursing Homes Harm Thousands Every Year

When we send our elders to an assisted living facility or nursing home, we expect them to be treated with dignity and given the proper medical oversight to live happy, comfortable lives. Unfortunately, nursing homes cause...more

Russell Skelton and Douglas Cullins Obtain Unanimous Defense Verdict

Jones, Skelton & Hochuli, PLC is pleased to announce Partners, Russell Skelton and Douglas Cullins, obtained a unanimous defense verdict for a medical malpractice case. This case involved allegations of medical malpractice...more

The Insider Trading Cartoon Series, Vol. XII -- The Innocent Intermediary [Video]

Join us as our heroine Jane gives away a little too much information to her husband Bob, who then seeks legal advice about what he's heard. Bob's lawyer Nikhil gives good advice by telling him to keep a lid on it, but then...more

Medical Litigation Newsletter - December 2016

Defending Audits Before They Happen: A Practical Guide to Documenting to Sustain A Challenge to E/M Codes - Although many believe malpractice suits to be the primary risk-management issue facing healthcare providers, an...more

Trustee Lacks Standing to Assert Legal Malpractice Claims on Behalf of Debtors

The Massachusetts Bankruptcy Court (Panos, J.) dismissed an adversarial proceeding complaint brought against debtor’s counsel which alleged legal malpractice. The trustee alleged that debtor’s counsel committed malpractice...more

What Can A Company Expect After Losing A Major Personal Injury Case At Trial? Getting Sued Again For The Same Injury, To The Same...

For a company doing business in Maryland, navigating the landscape of survival and wrongful death claims can be succinctly summed up by the “Relationship Status” often seen on the profiles of Facebook users: “It’s...more

Ohio Supreme Court Decision Permits Immediate Appeals from Discovery Orders Requiring Disclosure of Privileged Materials

In Burnham v. Cleveland Clinic Foundation, Case No. 2015-1127 the Ohio Supreme Court recently issued a decision that will make it easier to file immediate (aka interlocutory) appeals from trial court decisions requiring...more

Health Alert (Australia) December 12, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Federal Circuit Court 5 December 2016 - Singh v Minister For Immigration & Anor [2016] FCCA 3061 - MIGRATION –...more

SC Supreme Court extends Statute of Limitations in Lawyer Malpractice - Precedent reversed & hybrid rule adopted

The South Carolina Supreme Court, in the case of Stokes-Craven Holding Corp. v. Robinson, Op. No. 27572 (S.C.Sup.Ct. filed May 25, 2016)(Shearouse Adv.Sh. No. 21 at 17), reversed precedent and adopted a hybrid rule for the...more

Health Alert (Australia) December 5, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 1 December 2016 - Ms Robin Hansen v Calvary Health Care Adelaide Limited [2016]...more

Health Alert (Australia) November 28 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 23 November 2016 - Tolley v Secretary, NSW Ministry of Health in respect of Northern NSW Local...more

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

The High Court has ruled that a business that receives a Subject Access Request ("SAR") can refuse to disclose the requested information in some cases, if the dominant purpose of the SAR is litigation. This appears to mark a...more

Health Alert (Australia) November 21 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales - 16 November 2016 - Page v Healthscope Operations Pty Ltd [2016] NSWSC 1608 - PRACTICE AND PROCEDURE...more

Torts – Statute of Limitations – General v. Professional Negligence

Manuel Nava v. Saddleback Memorial Medical Center, et al. - Court of Appeal, Fourth Appellate District (October 18, 2016) - Recently, in Flores v. Presbyterian Intercommunity Hospital (2016) 63 Cal.4th 75, the...more

Replacing The Affordable Care Act: A Reality Infusion

During the course of his campaign, President-elect Donald Trump repeatedly promised to repeal and replace President Obama's signature legislation, the Affordable Care Act (ACA). Certainly the Republican Party's continuing...more

Fifth Circuit affirms $34 million verdict against legal malpractice carrier — exclusion, read literally, “renders the coverage...

Readers of Law360 may recall a 2014 story about a Texas jury that rendered a $34 million dollar verdict against OneBeacon Insurance Company. According to Law360, the Jury found that OneBeacon “knowingly failed to attempt, in...more

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