Each week the ABPLA  provides a summary of news articles of interest to attorneys who practice professional liability and the consumers of legal services. The majority of the stories provided each week will be from various mainstream media outlets around the country.  If you have a news story you think would be of interest please contact the ABPLA.  

 

 PROFESSIONAL LIABILITY IN THE NEWS

 

 


Week ending February, 18 2018

 

MEDICAL

 

Illinois Court Slashes Jury Award by $15M in Medical Malpractice Case

Insurance Journal

An Illinois jury's medical malpractice award has been slashed by $15 million because the injured woman died the day before the 2015 trial verdict. The Chicago Daily Law Bulletin reports Illinois' 1st District Appellate Court reduced the award from $22 million to $7 million. Among the reasons cited was ..


Improper placement of feeding tube caused malnourishment – $1.15 Million Settlement

Virginia Lawyers Weekly

The case arises out of the failure to properly place a feeding tube in a patient. The patient subsequently became severely malnourished. As a result, the patient suffered brain damage resulting in permanent cognitive deficits. [17-T-209] Type of action: Medical Malpractice Injuries alleged: Severe ...

 

Lawyers Can Call Themselves Privacy Specialists, American Bar Association Decides

Bloomberg BNA

A total of 30,000 U.S. attorneys are certified specialists under various programs, Barbara Howard, chair of the ABA Standing Committee on Specialization, said at the meeting. States ultimately determine whether lawyers can claim legal specialization. Under the ABA Model Rules of Professional Conduct ...

 

Column: CPLR and special cases of medical malpractice

Buffalo Business First

The cost of health of care in the United States is staggering: In 2016, $3.3 trillion was spent on health care, representing 17.9 percent of Gross Domestic Product or $10,348 per capita. When we as a society spend such a significant sum on medical care, it seems fair to provide for a tort recovery when ...

 

Bill Paxton's family files wrongful death lawsuit against hospital and surgeon

CBS News

"This case, it reads well, but it's not backed up with anything from a medical standpoint," said David Di Pietro, an attorney who specializes in medical malpractice. Di Pietro said both sides will rely heavily upon expert opinion if the case moves to trial. "Medical malpractice cases are all a battle of the ...

 

Family of woman who died after surgery blunder gets no money

LancasterOnline

The Michigan Court of Appeals overturned it, saying Nayyar's death was presented as a case of negligence when it should have been argued as medical malpractice with a cap on any financial award. The court noted that the first of two judges overseeing the litigation had ruled out a negligence claim.

 


Punitive Damages Awarded in Malpractice Case of Destroyed Medical Record

JD Supra (press release)

 

In Gomez v. Cabatic, 2018 N.Y. Slip Op. 00278, the Second Department upheld an award of punitive damages against a physician who was alleged to have destroyed portions of a medical record. The Gomez case involved a claim that a pediatric endocrinologist's failure to diagnose and treat a 6 year


Judge cuts chances for damages in case of man declared dead when he wasn't

Buffalo News

State Supreme Court Justice Frank Caruso said the trial, currently scheduled for April 17, will focus on the claims of medical malpractice and negligent infliction of emotional distress. He threw out the widow's demand for punitive damages and her claim for intentional infliction of emotional distress, thus ...


Summit jury awards $11.35 million in lawsuit involving Massillon boy with brain injury

Akron Beacon Journal

A Summit County jury awarded an $11.35 million verdict this week in a medical malpractice lawsuit involving a Massillon boy with a brain injury. The jury returned the verdict Thursday evening after a two-week trial and a day of deliberations in Summit County Judge Joy Oldfield's courtroom. Matthew and ...

 

Boston malpractice lawyer now finds himself a victim

The Boston Globe

For decades, Michael E. Mone has been a go-to lawyer in Boston for patients who believe their medical care was botched. In 1980, he won a landmark state court ruling that allows people to sue physicians for malpractice even when medical errors don't come to light until long after treatment has ended.

LEGAL

Trump attorney's statement that he paid Stormy Daniels $130K raises ethics questions

ABA Journal

... professional responsibility and legal malpractice. “What's not clear is if this type of conduct is what the rule was intended to be concerned about.” She says Rule 1.8(e) deals with clients “in connection with contemplated or pending litigation.” Regarding Trump and Clifford, Hyland notes that it isn't clear ...

 

 

Ruling Sets Stage for $21 Million Cadwalader Malpractice Trial

Law.com

A Manhattan court decision denying certain defense arguments by Cadwalader, Wickersham & Taft has helped pave the way for a legal malpractice trial that could feature testimony from the owner of the Washington Redskins and M&A dealmaker Dennis Block. The legal malpractice case against ...