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Professional Malpractice Updates

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

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

Court Refuses to Exclude Evidence of Disciplinary History of Plaintiff's Expert

by Sands Anderson PC on

The plaintiff filed a Complaint alleging she was injured in a March 23, 2013, automobile accident. In her initial expert disclosure, the plaintiff identified a single doctor as her only damages expert. The doctor had never...more

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

by Rumberger Kirk & Caldwell on

In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

Learning from 2017 and Looking Forward to 2018

by Dentons on

The end of the year is an ideal time for attorneys to look back on the recent developments in legal malpractice law that may impact their practices for years to come. It is also a good time for attorneys to look forward to...more

Secret settlements in medical malpractice are bad for patient safety

An ugly truth about malpractice lawsuits is that some of the most indefensible violations of patient safety are covered up by hospitals, clinics and doctors with the complicity of the lawyers representing the injured...more

Sacramento Court: Only a Health Care Agent Can Contract for Placement in an RCFE

by Downey Brand LLP on

Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more

Accountant liability in the trust context

by Charles E. Rounds, Jr. on

As a general rule, an accountant, qua accountant, is not a fiduciary, absent special facts. That having been said, the accountant for a trustee in breach of his trust may be liable to the beneficiaries for any injury to the...more

Opioid Lawsuits | The Fight Against Prescription Pain-Killers

by The Brown Firm on

Addiction to Opioid Narcotic Drugs Spreads Throughout the Nation - Thousands of Americans have been touched by the nationwide crisis of opioid addiction. Opioids are powerful prescription medications intended to give pain...more

Tips for Ensuring Compliance With Ethical Obligations

by Dentons on

Most attorneys are aware of the ethical obligations owed to clients and take them seriously. However, instead of simply assuming that their attorneys are in compliance with their ethical obligations, law firms can take steps...more

You're Facing a Malpractice Claim; Don't Make a Bad Situation Worse

by Dentons on

Receiving a legal-malpractice claim threatening potential litigation can be scary. While many attorneys take steps to avoid such claims, few have a plan for what to do after they receive one. Reviewing any applicable...more

Health Alert (Australia) 20 December 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 13 December 2017 - Waldron v Joondalup Hospital Pty Ltd [2017] NSWSC 1728 - LIMITATION OF ACTIONS – application for extension of time...more

Massachusetts Appeals Court Upholds Liability Insurer’s Contractual Right to Settle

by Mintz Levin on

On Tuesday, December 12, 2017, the Massachusetts Appeals Court, applying New Hampshire law, held that a professional liability insurer did not breach the implied covenant of good faith and fair dealing by settling a New...more

Legal Malpractice – a Cautionary Carol

by Nexsen Pruet, PLLC on

Sometime prior to 2009, a lawyer closed his law practice in South Carolina and moved to another state. Unfortunately, his ghost remains in South Carolina, providing cautionary tales this Christmas season for all lawyers....more

Is It Bad Faith to Exercise a Contractual Right?

by Cozen O'Connor on

A recent malpractice case highlighted this issue. In Johnson v. Proselect Insurance, the doctor/insured contended that the insurer acted in bad faith by settling a claim after trial without the doctor’s consent. The doctor...more

Pennsylvania Supreme Court Breathes New Life into Survival Actions

by Barley Snyder on

The Pennsylvania Supreme Court gave new life to otherwise time-barred survival action claims in medical malpractice cases in a significant decision last month – even if one justice was blunt in his disagreement with the...more

Appeals Court: No Bad Faith For An Insurer’s Legitimate Exercise Of A Contractual Right Or Its Settlement Within The Policy Limit...

In a Rule 1:28 decision applying New Hampshire law, the Appeals Court affirmed the entry of summary judgment dismissing a doctor’s suit accusing her professional liability insurer of improper settlement of a claim without her...more

Ambulance chasing insurance claims adjusters

by Michigan Auto Law on

Laws protecting injured car accident victims in Michigan from ambulance chasing personal injury lawyers should also protect people from the claims adjusters who prey on the unsophisticated after a crash; settling cases for...more

Litigation Funders’ Collateral Did Not Include Malpractice Claims

When the fallout from failed intellectual-property litigation collides with bankruptcy, the complexities may be dizzying enough, but when the emerging practices and imperatives of litigation financing are imposed on those...more

Accountancy Forum Newsletter - December 2017

by Reed Smith on

In this edition, we have drafted an article on the recent FRC sanctions and we have also included short summaries of recent cases and items of interest to our target audience. At the end of the newsletter, you will also find...more

Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!

by Farrell Fritz, P.C. on

Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the...more

Doctors Who Disobey Health Care Agents in California May Be Liable for Elder Abuse

by Downey Brand LLP on

A recent California appellate case, Stewart v. Superior Court (2017) 16 Cal.App.5th 87, validates the primacy of medical powers of attorney and (as they are more currently known) advance health care directives. Medical...more

Continuous Representation Revisited

by Vedder Price on

New York courts have frequently applied the continuous representation doctrine (“CRD”) to toll the three-year statute of limitations period for malpractice claims against accounting firms under CPLR § 214(6), which has...more

Exploring Legal Malpractice Exposure Faced by Law Firms and Lawyers from Use of Technology

by Reminger Co., LPA on

The relationship between technology and the practice of law is a paradox at best. Computers, tablets, cell phones, and other forms of technology provide an enormous benefit by permitting the creation, storage, transmission...more

Legal Malpractice Case Dismissed for Lack of Personal Jurisdiction under Illinois Long Arm Statute

by Hinshaw & Culbertson LLP on

Brook, as Trustee of the David North II Trust, successor to the assets of Cortina Financial, Inc. v. McCormley, et al., No. 16-4255 (7th Cir. 2017) Brief Summary - The Seventh Circuit affirmed the district court's...more

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