News & Analysis as of

Constitutional Law Professional Malpractice

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:

Florida Supreme Court: Physicians' Peer Reviews Not Protected from Public Disclosure

by Holland & Knight LLP on

• The Florida Supreme Court has reversed a decision of the Florida Second District Court of Appeal and held that an analysis of a medical malpractice claim sent by an attorney to an external medical review company in...more

Perspectives for the Professions Newsletter - September 2017: Standing of Complainants on Judicial Review

by Field Law on

Del Valle v Law Society, 2017 NWTSC 29, holding that a complainant has no standing to bring an application for judicial review to challenge the merits of a regulator’s decision to dismiss a complaint....more

Interesting and Useful Cases in Torts and Insurance - June 2017 in the Fourth Circuit Court of Appeals

by Nexsen Pruet, PLLC on

Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts & Insurance....more

Professional Regulatory Alert: Your Career May Be An Open Book: Privacy and Regulatory Investigations

by Field Law on

In dismissing an appeal by an Alberta lawyer who alleged that his Charter rights were violated by an order allowing a law society investigator to search his computers, cell phones, and other electronic devices, the Alberta...more

Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...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

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

Florida Supreme Court Rules That Hospital "Adverse Medical Incidents" Reported to a PSO Are Not Privileged From Discovery: Impact...

Southern Baptist Hospital of Florida (Hospital) was sued in a medical malpractice action in which the plaintiff sought to discover records relating to "adverse medical incidents" that occurred at the Hospital and involved any...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

Bar upholds lawyer’s constitutional right to blog about untruthful witness

A Michigan lawyer may write about the untruthful testimony of an “expert” medical witness because his online blog post and his comments are protected speech under the First Amendment, officials from the Michigan Bar have...more

Texas Supreme Court Hears Oral Argument on Legal Malpractice Case Involving Standing of Beneficiary of Trust

by Winstead PC on

On February 10, 2016, the Texas Supreme Court heard argument in a case that involves the issue of legal standing to sue when a trust is injured by the actions of a third party. In DLA Piper US, LLP v. Linegar, Chris Linegar...more

Supreme Court of Missouri Upholds Health Care Affidavit Statute for Medical Malpractice Claims

by Williams Venker & Sanders on

Lang v. Goldsworthy, 2015 WL 5936587 (Mo.banc. October 13, 2015) The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a wrongful death action premised on medical malpractice because the...more

Can We Talk? Florida Court Rejects Latest Challenge to Med Mal Presuit Authorization Law

In the latest challenge to a Florida law designed to promote early settlement of meritorious medical malpractice claims, the Florida First District Court of Appeal recently rejected a plaintiff’s arguments that 2013...more

Supreme Court of Missouri Upholds 10-Year Statute of Repose for Foreign-Object Medical Malpractice Claims

by Williams Venker & Sanders on

Ambers-Phillips v. SSM DePaul Health Center, 2015 WL 1926012 (Mo.banc. April 28, 2015) - The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a plaintiff’s foreign-object medical...more

Appellate Court Notes

by Pullman & Comley, LLC on

- Supreme Court Advance Release Opinions: - SC19305 - State v. Francis - SC19305 Dissent - State v. Francis - Appellate Court Advance Release Opinions: - AC36500 - Castro V. Mortgage Lenders...more

Developments in Long-Term Care – Q1 2015

by Hodgson Russ LLP on

The following summary highlights key federal court cases and administrative decisions involving skilled nursing facility survey issues during the first quarter of 2015. Federal Court Cases - Fifth Circuit Upholds...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC35659 - Ceferatti v. Aranow - In this med mal case the Appellate Court held that leaving a sponge in the patient did not toll the SOL under the continuing course of conduct theory so as to avoid SJ in favor of the...more

Undoing MICRA

by Buchalter on

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal...more

Health Care Case Law Update

by Burr & Forman on

Health Care Authority for Baptist Health v. Davis, --- So. 3d. ----, 2013 WL 2149493 (Ala. Feb. 28, 2014). - The Supreme Court of Alabama reversed itself on re-hearing of its May 2013 opinion to affirm a judgment for a...more

Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors

by Cozen O'Connor on

In Schroeder v. Weighall, 2014 WL 172665 (Wa., Jan. 16, 2014), the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW...more

Hospitals & Medical Staff Take Notice: HCQIA Immunity Is Not Given, It's Earned.

by Akerman LLP - Health Law Rx on

The Healthcare Quality Improvement Act of 1986 ("HCQIA") is a federal law enacted to establish a national tracking system of healthcare practitioners with a history of medical malpractice payments or adverse actions. A...more

Oklahoma Supreme Court strikes down tort reform legislation passed in 2009

by McAfee & Taft on

On June 4, 2013, the Oklahoma Supreme Court struck all statutes that were passed in 2009 as the Comprehensive Lawsuit Reform Act (CLRA), finding the statutes violate the Oklahoma Constitution. The court entered two decisions....more

Indiana Supreme Court Upholds Punitive Damages Statute

by Pavlack Law, LLC on

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision...more

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

by McDermott Will & Emery on

The Supreme Court of the United States, in Gunn v. Minton, determined that a Texas state court had jurisdiction over a legal malpractice claim, even though resolving the claim required the state court to address an issue of...more

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