Professional Liability Advocate

Professional Liability Advocate

Category Archives: Attorneys

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What Attorneys Can Learn from History’s Largest Data Breach

Posted in Attorneys, Data Privacy & Security, Professional Liability
On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the International Consortium of Investigative Journalists (ICIJ), and that the information would be used to publish potentially damaging stories. In addition,… Continue Reading

Patient-on-Patient Violence: Does a Negligence Case Trump a Patient’s HIPAA Rights?

Posted in Attorneys, Medical
At some point in their careers, most medical malpractice defense attorneys have defended a medical facility against a claim for negligence based on one patient being attacked by another. The negligence claim is premised on a failure to properly supervise and protect a patient from another who is known to have a propensity for violence.… Continue Reading

“How can I do better?” The Pitfalls of Electronic Medical Records, Part I

Posted in Attorneys, Medical
Recently, I was preparing my physician-client for his deposition in a medical malpractice lawsuit. At the end of the meeting, he asked me: “How can I do better in the future?” My client was referring to his entries into the electronic medical record (EMR). With the transition to EMRs, this is one question that all… Continue Reading

Romance between Nursing Home Residents – Should the Facility Step In?

Posted in Attorneys, Medical
State and federal regulations weren’t enacted to protect nursing home residents only from neglect and abuse. Federal law requires facilities to maintain environments that promote, maintain or enhance a resident’s quality of life. Adults have the right to make choices about significant aspects of their life in a facility. Indeed, the facility must make reasonable… Continue Reading

OH GOOD – I WROTE IT DOWN! OH NO – I WROTE IT DOWN!?!

Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
I often speak to groups of professionals on how to avoid errors and omissions claims. When I started making such presentations more than 30 years ago, I would hold up a piece of notebook paper and explain that it was a professional’s “best friend” when it comes to avoiding future problems. A memo of a… Continue Reading

Social Media: Putting Your Best Foot Forward or in Your Mouth

Posted in Accountants, Architects & Engineers, Attorneys, Data Privacy & Security, Insurance, Medical, Miscellaneous E&O, Municipal & Public Entity, Real Estate, Securities
As part of my blog training, I was asked to review my social media presence in general and in particular my LinkedIn account. My profile, admittedly, had not been reviewed in some time, so I updated my bio and skills section. This made me think about “puffing,” which I learned about in my Contracts class… Continue Reading