Author: Professional Liability Matters

Social Media Lessons

Ethical Advertising on LinkedIn

Most professionals utilize a LinkedIn profile and/or a professional Facebook page. A large proportion of LinkedIn’s 150 million users are professionals; about 2% of which are attorneys. The proliferation of social media use by professionals has sparked debate regarding the collision between ethics and online marketing. This is particularly so because the standard, one-size-fits-all format available to social media users do not take into account that many professionals must adhere to state specific ethical rules when advertising. This gap has prompted some serious ethical concerns.…

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Medical Malpractice

A-Rod: Not Going Down without a (Malpractice) Fight

Alex Rodriguez’s newest target is apparently the Yankees’ team physician. According to reports, A-Rod is exploring a potential malpractice suit against team doctors for “deliberately misdiagnosing” an injury that may have contributed to his woeful performance in 2012.

ESPN  and other news outlets report that as part of a multi-pronged public relations battle aimed at A-Rod’s (many) critics, he is now preparing to file a medical malpractice suit against Yankee’s team doctor, Chris Ahmad, for his treatment of Rodriguez last October.  According …

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Legal Malpractice

Attorneys on the Move Leads to More Malpractice Claims

Legal malpractice claims are on the rise…again.  According to a recent study, lateral transitions by attorneys may be to blame.  Professionally Liability Matters previously discussed an uptick in malpractice claims, particularly those stemming from attorneys handling real estate matters.  However, a new survey released last week by Ames & Gough demonstrated an overall increase in legal malpractice claims and suggested that swapping firms is a main culprit.

Reportedly, the majority of major insurers surveyed reported an increase in malpractice claims in 2012.  Most stated that …

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Medical Malpractice

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 …

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Social Media Lessons

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.

Last month an NY attorney found himself in hot water after posting a picture of himself and a client …

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