Click here for this special edition of the Professional Liability Monthly Compendium 2013. We have compiled all the Featured Articles from the past year along with the year’s most popular blog posts.. For your convenience, we have linked each author’s name in the newsletter to their online biographies in the event you would like more information regarding the article or post. We encourage you to share the publication with your colleagues. If others in your organization are interested in receiving the publication, please contact …
Continue ReadingAuthor: Professional Liability Matters
Application of the Innocent Insured Clause
Professional Liability Matters has repeatedly stressed the importance of accurate, timely and careful reporting of potential claims. Whether it be during the application or renewal process or somewhere down the road, most insureds are contractually obligated to report threatened claims. This requires that the organization solicit responses from all professionals (which can be a logistics problem for larger organizations). Many firms submit a short questionnaire that must be answered by everyone. But how is coverage implicated for the organization when one bad apple knowingly conceals …
Continue ReadingProfessional Liability Monthly – December Edition is Now Available
Featured headlines in this edition of Professional Liability Monthly:
- No Breach of Fiduciary Duty Where the Plaintiff Alleged That the Defendant Insurance Agency Procured an Inadequate Policy
- Disclosure of Medical Records From Patients Other Than the Plaintiff Denied by Court
- Improper Reference to Smoking History in Medical Malpractice Case Leads to New Trial
- Expert Gastroenterologist Should Have Been Permitted to Testify as to Causation
- Dispute Over Date of Discovery of Actionable Harm Prevents Defendants From Obtaining Summary Judgment
- A Defendant’s Counterclaim Alleging Legal Malpractice
Cases for Professional Liability Monthly – December 2013 Edition
The below cases correspond with the December edition of Professional Liability Monthly and the analysis of each case. Click here for access to the newsletter. Cases are provided courtesy of LexisNexis.
SEVEN BRIDGES FOUND v. WILSON AGENCY
SUTCH V. ROXBOROUGH MEM’L HOSPITAL
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Continue ReadingAttorneys: Don’t be Michael Scott
There’s a great scene from the Office when Michael Scott continues to blindly follow his obviously incorrect GPS device until he has driven his car into a lake. Don’t be Michael Scott. There are times when an attorney must stop and question the client when the representation reaches an uncomfortable level or the attorney suspects wrongdoing.
We’ve previously discussed the allocation of authority between attorney and client. A more recent example of attorney misconduct highlights the potential for ethical ramifications when an attorney blindly relies …
Continue ReadingGroupon for Professionals? Ok, but Risky
Group coupon websites are a popular marketing ploy among a variety of service providers. The concept behind Groupon, Living Social, and similar sites is for consumers to select from local deals for discounted services. Typically, once a threshold number of coupons are sold, the service provider and the website share the proceeds. The professional liability community has caught on to this marketing trend and is taking notice. However, be aware professionals; utilizing similar group coupon sites is risky due to ethical limitations.
The …
Continue ReadingProfessional Liability Monthly – October Edition is Now Available
Featured headlines in this edition of Professional Liability Monthly:
- Plaintiff’s Accounting Malpractice Claim Dismissed
- NJ Supreme Court Retaliation Decision “Mixed Bag” For Employers
- District Court Addresses Facebook Posts Under Stored Communications Act
- Court Finds Board-Certified Family Medicine Physician Is Not a “Similar Health Care Provider”
- PA Supreme Court Rules MCARE Fund May Be Required to Make Multiple Payouts in Single Case
- Pennsylvania Court Dismisses Suit for Lack of Personal Jurisdiction
- Appellate Court Finds Claim Sounds in Ordinary Negligence Rather Than Medical Malpractice
- Pennsylvania’s Certificate
Cases for Professional Liability Monthly – October 2013 Edition
The below cases correspond with the October edition of Professional Liability Monthly and the analysis of each case. Click here for access to the newsletter. Cases are provided courtesy of LexisNexis.
BANK OF AMERICA, N.A. V. JAMES A KNIGHT, et al.
BATTAGLIA V. UNITED PARCEL SERVICE, INC.
EHLING V. MONMOUTH-OCEAN HOSPITAL SERVICE CORP.
GRACE V. LAW, PHILLIPS LYTLE, LLP ET AL.
MULTARI V. YALE NEW HAVEN HOSP., INC.
SEAWAY …
Continue ReadingA-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.
A-Rod’s suit, filed on October 4, names Yankees team doctor …
Continue ReadingA 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 …
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