News & Analysis as of

Professional Malpractice Civil Procedure

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

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

by Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

by Baker Ober Health Law on

A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Three Key Things to Consider on Motions to Disqualify

by Dentons on

While some motions to disqualify are nothing more than a litigation tactic, others raise legitimate questions regarding the ethical obligations owed by the attorney and her or his law firm to former clients....more

Could seeking judicial enforcement of a trust's no-contest clause implicate the state's anti-SLAPP statute?

by Charles E. Rounds, Jr. on

On January 1, 2013, I posted on JDSUPRA some content entitled "Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing," which is still accessible. The focus of the piece is the lawyer...more

Attorney’s Expert’s Affidavit on Causation Sufficiently Detailed to Withstand Summary Judgment

by Hinshaw & Culbertson LLP on

Starwood Management, LLC by and through Norma Gonzalez v. Don Swaim and Rose Walker, LLP, Texas Supreme Court Number 16-0431 (September 29, 2017) - Brief Summary - The Texas Supreme Court overturned the trial court and...more

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

Florida Supreme Court Says External Peer Review Reports are Discoverable Under Amendment 7

by Carlton Fields on

On October 26, in Edwards v. Thomas, et al. (SC15-1893) the Florida Supreme Court held that external peer review reports are discoverable under Amendment 7. ...more

The Lawyers' Lawyer Newsletter - Halloween Issue October 2017

by Hinshaw & Culbertson LLP on

Client Intake — Due Diligence — Liability to Parties Other than Client — Holding Funds in Trust - P&P Property Ltd. V. Owen White & Catlin LLP, et al. 2016 WL 05484797 (English High Ct. of Justice, Chancery Div. 2016)...more

Arizona Court of Appeals Confirms Attorney-Client Privilege Holder Must Affirmatively Inject Attorney-Client Communications Into...

by Jaburg Wilk on

The Holding - In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice...more

Using Lay Witnesses To Combat Experts: Taking A Knife To A Gun Fight?

by Bryan Cave on

Expert witnesses can be expensive. Yet, in estate disputes, they may be unavoidable. When a will gets challenged based on an alleged lack of testamentary capacity or undue influence, you can all but guarantee that the...more

The Hinshaw Healthcare Bulletin - September 2017

by Hinshaw & Culbertson LLP on

A Primer on Illinois' Dead Man's Act and the Defense of Medical Negligence Claims - I. The Dead Man's Act and Its "Same Event Exception" Generally - In Illinois, the Dead Man's Act has unique implications on...more

N.Y. Court Holds that Manufacturer Cannot be Responsible for Medical Malpractice

by Reed Smith on

We harbor a suspicion that half the drug/device tort cases we encounter are really medical malpractice cases in search of a deeper pocket (thank you medmal damage cap statutes). We’ve said before that both Levine and Riegel...more

Perspectives for the Professions Newsletter - September 2017: Importance of Clear Guidelines and Policies

by Field Law on

Silwin v College of Physicians and Surgeons, 2017 ONSC 1947, upholding a Discipline Committee’s decision to reject a defence of officially induced error on the basis that the professional unreasonably misinterpreted the...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

Avoiding Legal Malpractice Claims Arising From Mediation

by Reminger Co., LPA on

In today’s legal landscape, the settlement of litigation is often reached outside of the courtroom, as parties resort to mediation either by their own volition or due to court mandate. To encourage the use of mediation,...more

The Wells Fargo PII Epic Fail – Chapter II

The law firm that inadvertently produced records containing personally-identifying information (“PII”) relating to 50,000 Wells Fargo customers in response to a third-party subpoena, which we first reported on, went before a...more

Health Alert (Australia) 22 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 August 2017 - South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 - NEGLIGENCE – assessment of damages...more

Robinson v. Azer

Court's ruling on motion for new trial and/or remittitur of a record personal injury verdict, on 7/20/2017

This transcript is the trial court's ruling denying a defendant's motion for new trial and/or remittitur of the verdict amount ($8.35 million, a record in this court) in a medical malpractice case brought for a man whose...more

Robinson v. Azer

Plaintiffs’ Opposition To Motion For Remittitur Or New Trial

This brief was filed in successful opposition to a defense motion for new trial or to reduce a large verdict for the plaintiffs in a medical malpractice trial in the District of Columbia in 2017. The brief addresses issues...more

Protecting Vulnerable Adults While Protecting Their Physicians – A Proposed Statutory Amendment

by Snell & Wilmer on

The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore...more

Court Sanctions Counsel for Not Disclosing Deleted Client Emails

by Zapproved LLC on

People v. Miller, No. 16PDJ067, 2017 BL 208514 (Colo. June 1, 2017). In a brief order, the Colorado Supreme Court fined and publicly censured attorney Randall Miller for failing to promptly disclose false evidence. During...more

Illinois Court Holds That Reinsurers And Insurer Need To File Complaint In Legal Malpractice Lawsuit In Their Own Names Pursuant...

by Carlton Fields on

In this case, an Illinois appellate court held that Section 2-403 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-403, required the reinsurers and insurer of Developers Surety and Indemnity Co. (“DSI”) a surety, to file...more

Have You Properly Obtained Informed Consent?

by Burr & Forman on

In June, the Pennsylvania Supreme Court issued a controversial opinion holding that a physician had to have face-to-face interaction with the patient to effectively obtain informed consent. This has raised heightened...more

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