professional liability News

Nevada Supreme Holds Proceeds of Legal Malpractice Suit Cannot be Assigned

The Nevada Supreme Court expanded its prohibition against assigning legal malpractice claims to third parties, ruling on Thursday that an attorney’s client is also barred from assigning the proceeds of a lawsuit. “Because such an assignment would allow parties to …

Md. High Court Revives Malpractice Suit, Says Expert Testimony Improperly Thrown Out

A county judge improperly took sides when he threw out expert testimony and dismissed a medical malpractice case, Maryland’s high court ruled Thursday. The Maryland Court of Appeals revived a lawsuit filed by a patient who says she lost the …

Jury Gets Flint Water Case About Liability for Engineers

DETROIT (AP) — Jurors heard closing arguments Thursday in the only trial to arise thus far from the Flint water crisis, a dispute over whether two engineering firms should be held partially responsible for the city’s lead contamination in 2014-15. …

Fireman’s Fund Must Defend ‘Lottery Lawyer’ in Fraud Case

As the criminal trial of a New York lawyer charged with bilking lottery winners out of millions of dollars got underway this week in a federal court in Brooklyn, one insurer was likely watching closely as it will be picking …

No Malpractice Coverage Owed to Law Firm Sanctioned for ‘Frivolous’ Lawsuits

A legal malpractice insurer has no duty to defend or indemnify attorneys who were sanctioned for filing frivolous lawsuits against four Ohio school districts, the 6th Circuit Court of Appeals ruled. The appellate panel on Friday affirmed a ruling by …

Utah Supreme: Denying Claim Over Nude Photos May Cost Insurer Nearly $3M

UMIA Insurance refused to accept an $800,000 settlement in a malpractice suit against a plastic surgeon who shared nude before-and-after photographs of a patient’s body with a Fox News affiliate. The insurer could pay more than three times that amount …

Court: Hospitals Can be Responsible for Abuse by Employees

VENTURA, Calif. (AP) — A state appeals court said Tuesday that a Southern California hospital can be held responsible for sexual abuse by an employee, upholding a jury’s damage award of $6.75 million to two elderly patients who were abused …

Nurses: Guilty Verdict for Dosing Mistake Could Cost Lives

NASHVILLE, Tenn. (AP) — The moment nurse RaDonda Vaught realized she had given a patient the wrong medication, she rushed to the doctors working to revive 75-year-old Charlene Murphey and told them what she had done. Within hours, she made …

8th Circuit: Malpractice Action May Proceed Before Underlying Lawsuit is Resolved

Legal malpractice claims usually aren’t filed until after somebody loses a lawsuit. But what happens when the underlying dispute hasn’t been resolved, but a litigant has to hire new counsel to clean up mistakes that were made during discovery? A …

Fla. Supreme: Insurer Can Pursue Malpractice Suit Against Law Firm That Botched Defense

Attorneys who are hired by insurance carriers to defend policyholders from lawsuits have a duty to represent the insured, but the insurer is paying their fees. Obviously, the insurer has a financial interest in the outcome of the litigation. They …