Author Archives: Professional Liability Matters

Seeking Your Nomination

Attention blog readers! This year, the ABA Journal is publishing their first ever “Web 100” celebrating the best of the legal industry on the web. In order to be named, we’ll need your help. For years, Professional Liability Matters has been your source for trends, regulations, decisions, and breaking news impacting the professional liability community. Our goal is — and always has been — to educate you about the professional liability landscape and provide resources to help professionals avoid pitfalls and to defend those professionals in the event of a lawsuit. If you feel Professional Liability Matters is one of the best legal blogs today, click here to nominate us.  The nomination deadline for the contest is July 30th.

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We Need Your Vote! Round 2

Hello, blog readers! We told you last month that Professional Liability Matters has been nominated in The Expert Institute’s “2015 Best Legal Blog Contest.” We have good news to share: We’ve made it to round 2!

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We Need Your Vote!

Attention blog readers! We are proud to announce that Professional Liability Matters has been nominated in The Expert Institute’s “2015 Best Legal Blog Contest.” To be officially named one of the best legal blogs, we’ll need your help! There is a two-step process to this contest: first, blogs need to be nominated by our readers. Then, the blogs that receive the most nominations make it to the voting round. So, if you’d like to nominate Professional Liability Matters, click here for the official submission form! …

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D&O Suits Reach Historic High: Economy to Blame?

The fallout from the 2007-2010 economic downturn is behind us, right? Nope; not so for the professional malpractice community in light of the many lawsuits arising from the recent market collapse. In fact, lawsuits relating to 2007-10 bank collapses in particular have increased dramatically and the primary targets are executives. According to a February 13, 2014 report which is available here, litigation against directors and officers of failed banks reached an all-time high in 2013. To make matters worse, many of those directors were forced to reach into their own pockets to absorb the costs.

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A-Rod Sues Yankees Doc For Malpractice

In the midst of his appeal of a 211-game suspension arising from the alleged use of performance enhancing drugs, Alex Rodriguez just filed the anticipated malpractice suit against a Yankees’ team physician. Professional Liability Matters posted of the rumblings of a malpractice suit in August. Now, the other shoe dropped. Although the allegations are serious, many speculate that A-Rod’s real goal of this lawsuit is to distract from A-Rod’s steroid controversy and to deflect blame.

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A Significant Blow to Med-Mal Reform

Medical malpractice reform has been on virtually ever state’s legislative agenda for the past several years as a result of a concerted effort by the defense bar and public interest groups to insulate physicians from frivolous suits. In an effort to curb rising healthcare costs, a variety of legislation imposing prerequisites on medical malpractice suits has been passed by a number of states. Rather than simply imposing damages "caps," some states are getting creative with their reform legislation. However, a recent decision by a Florida federal judge dealt a major blow to those efforts.

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The “Loss of Chance” Debate Continues

A recent decision provides hope for supporters of the “loss of chance” doctrine and further fuels the debate. Pursuant to this controversial doctrine, which has now been adopted in 23 states, a plaintiff may recover damages from a defendant due to a heightened risk of injury, even if the plaintiff cannot prove causation. The Minnesota Supreme Court recently joined those courts embracing the doctrine in the medical malpractice context. In its recent decision, the court permitted the parents of a seven-year-old girl afflicted by a rare form of cancer to pursue a medical malpractice recovery even though they could not prove that the defendant caused her condition. The suit has reignited an intense debate and has generated national attention.

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Facebook Post Lands Attorney in Hot Water

Fact: most professionals use social media in one form or another. Fact: Professional Liability Matters has previously warned of the various risks associated with LinkedIn, Facebook, and other online communications. Nonetheless, we continue to encounter seemingly countless reminders of missteps by professionals through presumably well-intentioned social media use. Recently, a Facebook post from a New York based attorney resulted in a fight over sanctions.

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OJ Simpson’s Bid for Freedom: It’s My Lawyer’s Fault

OJ Simpson's fall from fame is well documented. The disgraced football running back's latest legal woes stem from an altercation in a hotel room in which the Juice was allegedly joined by armed men. That story ended with his incarceration. Now, OJ is back in a Las Vegas courtroom with a new team of attorneys and a novel argument: Simpson's former attorney is to blame for the 2008 conviction. In the latest chapter in OJ's lengthy legal history, the “Juice” claims that poor legal advice is the sole reason he was incarcerated.

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Ignoring Prejudgment Interest = A Costly Mistake

Prejudgment interest awards are often overlooked in evaluating a claim, especially legal malpractice matters. Typically, when valuing exposure, the focus centers upon the underlying action had the attorney avoided alleged negligence. But overlooking the impact of prejudgment interest can prove to be a costly mistake. Depending upon the statutory interest rate in your jurisdiction and the potential amount of the award, prejudgment interest can transform a nuisance value malpractice case into a hefty judgment.

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