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Professional Malpractice Updates

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

Duty of Fairness at Investigative Stage and the Importance of Cooperation in an Investigation

by Field Law on

Kuny v College of Registered Nurses of Manitoba, 2017 MBCA 111, emphasizes that the duty of fairness at the investigative stage of a professional disciplinary process requires centrally that a member be advised of the...more

Reduction in Sanction on the Basis of Delay is Not Automatic

by Field Law on

The Law Society of Upper Canada v Abbott, 2017 ONCA 525, holds that delay in initiating investigatory and disciplinary proceedings does not necessarily justify a reduction in sanction. ...more

Practice Pointers for Experts in Legal Malpractice Cases

by Reminger Co., LPA on

Legal Professional Liability Newsletter, 1st Quarter 2018 - Let’s face it – attorneys within the plaintiffs’ bar are not clamoring to be known as experts with respect to plaintiff legal malpractice claims. No one wants to...more

Indiana Court of Appeals: Continuous Representation Doctrine Does Not Apply to Financial Professionals

by Reminger Co., LPA on

In a pair of rulings issued within a month of each other, the Indiana Court of Appeals has held that the Continuous Representation Doctrine (the “CRD”) does not toll the statute of limitations for client claims against...more

Health Care Newsletter - March 2018

by Hinshaw & Culbertson LLP on

Competency of an Expert Witness and Rule 219(e) Questioned by Illinois Court of Appeals in Medical Malpractice Decision - Freeman v. Crays, 2018 IL App (2d) 170169 provides guidance for defending medical malpractice cases...more

Federal Circuit Rejects Appeal of Walker Process Claim

by Foley & Lardner LLP on

In Xitronix Corp. v. KLA-Tencor Corp., No. 2016-2746 (Fed. Cir. Feb. 9, 2018), the Federal Circuit considered whether it or a regional circuit had jurisdiction over an appeal of a case raising only Walker Process antitrust...more

Consent for Treatment of Minors in Idaho

by Holland & Hart LLP on

In Idaho, persons under the age of 18 ("minors") may consent to their own healthcare in only limited circumstances. Treatment of a minor without proper consent may expose the practitioner to tort liability for lack of...more

What happens to MDs in trouble? Hundreds just move on to another state

When doctors get in trouble for repeatedly malpracticing on patients, what do they do? Many mosey down the road and practice elsewhere. That’s because the professional licensing system is a state-by-state patchwork, with a...more

Health Alert (Australia) 5 March 2018

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 1 March 2018 - Holcombe v Hunt [2018] VSC 55 - JUDICIAL REVIEW AND APPEALS – Appeal from refusal to extend limitation period – Claim...more

Parsing "to my issue in equal shares per stirpes" in trust instruments

by Charles E. Rounds, Jr. on

The phrase “to my issue per stirpes” in a trust instrument, at least in the typical fact pattern, will call for the creation of a constellation of shares not all of which are of equal value. Thus, the phrase “to my issue in...more

Employment Law This Week®: Harassment Claims Trigger Shareholder Suits, Misclassification Standard Under Review, EEOC’s New...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Punitive Damages Awarded in Malpractice Case of Destroyed Medical Record

by Harris Beach PLLC on

In Gomez v. Cabatic, 2018 N.Y. Slip Op. 00278, the Second Department upheld an award of punitive damages against a physician who was alleged to have destroyed portions of a medical record. The Gomez case involved a claim...more

Episode 25 -- Unraveling the KPMG Audit Scandal

by Michael Volkov on

In January 2018, the Department of Justice and the Securities and Exchange Commission announced criminal and civil charges against five KPMG and a Public Company Accounting Oversight Board employee arising from sharing of...more

2017 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

by Pullman & Comley, LLC on

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

New York Law Extends Statute of Limitations for Failure to Diagnose Cancer

by Harris Beach PLLC on

On January 31, 2018, New York State Governor Andrew M. Cuomo signed into law Senate Bill S 7588-A, which amended the statute of limitations for medical, dental and podiatric malpractice cases where there is an alleged failure...more

Eleventh Circuit Holds Insurer Not Liable for Defense Counsel’s Malpractice

In its recent decision in Kapral v. GEICO Indemnity Co., 2018 U.S. App. LEXIS 1937 (11th Cir. Jan. 23, 2018), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider under...more

Health Alert (Australia) 29 January 2018

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: New South Wales 22 December 2017 - Inquest into the death of Colin Parker - CORONIAL LAW – cause and manner of death, syncope, atrial...more

New York Appellate Division Allows Punitive Award Based On Post-Injury Spoliation of Evidence But Reduces Ratio to 1:1

In Gomez v. Cabatic, the New York Appellate Division, Second Department, affirmed the imposition of punitive damages in a medical malpractice case based on the defendant’s destruction of documents in an effort to avoid...more

Are Doctors Responsible for Damages to the Victims of the Opioid Epidemic

by Howard Ankin on

Physicians play a significant role in opioid abuse, addiction, and death by overprescribing painkillers and when injuries occur, they may be held liable for damages. The number of opioid overdoses has soared to record levels...more

Eigen schuld, dikke bult (Dutch)

by Dentons on

In many professional liability cases, a claim is claimed by an injured party to the effect that the relevant professional is liable to the injured party and must compensate his or her loss "to be made more detailed by state"....more

Health Alert (Australia) 22 January 2018

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 15 December 2017 - Roy Hoppenbrouwer v Aurrum Pty Ltd T/A Aurrum Norah Head [2017] FWC 6747 - Application for an unfair dismissal...more

Who Can Sue an Attorney—and How to Stop Them

by Dentons on

Unlike some other torts, the class of plaintiffs who can bring legal malpractice claims against attorneys is fairly limited. Generally speaking, legal malpractice claims can only be raised by a limited set of people to whom...more

West Virginia Court Allows Rescission of Professional Liability Policy

In its recent decision in ALPS Prop. & Cas. Ins. Co. v. Turkaly, 2018 U.S. Dist. LEXIS 5026 (S.D. W.Va. Jan. 11, 2018), the United States District Court for the Southern District of West Virginia had occasion to consider the...more

Taking and documenting informed consent: When is it not enough? - A case study of Jen Shek Wei v Singapore Medical Council...

by Dentons on

Maintaining adequate medical documentation is a challenge for many doctors working in a busy practice or healthcare institution. However, when it comes to informed consent, doctors should place high priority on ensuring that...more

Patients Stand To Lose if Amendment 7 Goes to Polls

Protecting Hospitals — Sacrificing Patients - Patient Access to Adverse-Incident Reports Threatened - Florida’s Constitution Revision Commission has on its 2018 agenda a proposal to amend a provision that gives parties...more

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