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Professional Malpractice Updates

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

Summary of California Appellate Decisions - February 2018

INSURANCE; DUTY TO DEFEND; FIRE OCCURRING AFTER EXPIRATION OF POLICY - Tidwell Enterprises, Inc. v. Financial Pacific Insurance Co., Inc. (2016) 6 Cal.App.5th 100, 210 Cal.Rptr.3d 634 - FACTS: The owner of the...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

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

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