Professional Liability Matters

January 10, 2013 Risk Management

Engagement Letters 101 – The Professional Rule Book

The first rule of engagement letters: obtain a signed engagement letter.

The second rule of engagement letters: obtain a signed engagement letter.

The remaining rules are a bit more complicated. A well written engagement letter is absolutely critical to managing risk. It defines the scope of the engagement and, as a result, sets appropriate expectations with the client. An engagement letter may help to discourage meritless malpractice claims and may serve as “Exhibit A” in a dispositive motion. On the other hand, the lack of …

January 10, 2013 Medical Malpractice

Sleeping 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 …

January 10, 2013 Legal Malpractice

Lawyers Found Liable For Fabricating Asbestos Claims

A jury in West Virginia just awarded nearly $500,000 in favor of a transportation company for claims arising from an alleged conspiracy between two plaintiffs attorneys and a radiologist who fabricated asbestos claims. The issue: may an attorney be held liable for unfounded claims? The lesson: completely research the applicable law and facts before accepting an engagement to provide legal services.

CSX is a Pittsburgh rail-based transportation company that had been targeted for at least 10 asbestos claims by the same group of attorneys. Upon …

January 10, 2013 Legal Malpractice

Continuing Fallout – The Penn State Scandal Spawns a Legal Malpractice Lawsuit

At least one of Penn State’s former attorneys is now under fire for her role in the investigation into the Jerry Sandusky scandal. The issue: did the attorney represent the University or its administrators? The lesson: document the scope of your representation.

Gary Schultz is the retired VP for business and finance at Penn State who has been accused of failing to report Sandusky’s acts and perjuring himself during grand jury testimony. But now it is Schultz who is on the offensive and the target …