A recent decision helps to define the limitations of the absolute litigation/judicial privilege and serves as a reminder that attorneys are not immune from defamation suits. Notably, attorneys may be on the wrong end of a defamation claim for out-of-court statements concerning ongoing litigation. The litigation privilege and the judicial privilege provide an absolute defense from defamation suits relating to certain in-court statements. However, the protections may not apply outside of formal court proceedings according to a recent decision by the Florida Supreme Court.…
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When Negligence is a Crime: Part II
In a prior post, we discussed When Negligence = Murder and profiled a building defect dispute which resulted in the death of a firefighter. In a similar vein, a nurse’s refusal to perform CPR on a collapsed woman dying in a California independent living complex has launched a criminal investigation and sparks new concerns about protocols at independent living facilities. State officials in California are taking a close look at the nurse’s conduct and at retirement facility policies after a lengthy 911 call was released …
Continue ReadingProfessional Liability Monthly – January Edition is Now Available
For a free copy of this month’s edition of Professional Liability Monthly, click here.
To be added to our circulation list, where you will receive this publication for free each month via email, please contact Brian Biggie at [email protected].…
Continue ReadingCases for Professional Liability Monthly – January 2013 Edition
Attorney Suspended for Operating a Foreclosure Mill
In a recent consent agreement reached with the Florida Bar Association, Attorney Marshall C. Watson, was suspended for 91 days and agreed to shut down his legal practice for his role in operating a foreclosure mill. …
Continue ReadingSleeping with the Enemy: When a Consensual Relationship = Medical Malpractice
New York’s high court recently concluded that a consensual relationship between a patient and her family doctor constituted medical malpractice. Issue: Whether a consensual sexual relationship between a married patient and her physician is grounds for a medical malpractice claim. Lesson: When possible, avoid sleeping with your clients.
The plaintiff, Kristen Dupree, sought treatment for gastrointestinal pain, depression, and stress from the defendant, Dr. James Giugliano, a licensed family physician with a concentration in osteopathic medicine. At the conclusion of the treatment, the parties …
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