Professional Liability Advocate

Professional Liability Advocate

Category Archives: Professional Liability

Subscribe to Professional Liability RSS Feed

Florida Supreme Court Rulings Affecting Health Care Providers

Posted in Healthcare, Medical Malpractice, Professional Liability
1. It is well established that Florida physicians are required to report any adverse incident that occurs in their office to the Department of Health. Discovery of these reports is a patient’s constitutional right under Article X, section 25 of the Florida Constitution (Amendment 7). Now, it also appears that adverse incident reports to any… Continue Reading

Claims of Negligent Hiring, Supervision or Retention Draw Hospitals into Abuse Cases

Posted in Employment, Medical Malpractice, Professional Liability
Hospitals are commonly named as defendants in medical malpractice lawsuits for claims arising from alleged injuries within their walls, but what is their exposure to liability for claims that arise from alleged sexual assaults by staff on their premises? In September 2016, the Atlanta Journal-Constitution released a five-part investigative series examining the alleged epidemic of… Continue Reading

Accountants M&A Alert: New AICPA Guidance on Transfer of Client Files

Posted in Accountants, Professional Liability
If you are selling or acquiring an accounting practice, you need to read the AICPA’s new guidance “Transfer of Files and Return of Client Records in Sale, Transfer, Discontinuance or Acquisition of a Practice,” which clarifies the obligations of the selling and the acquiring parties and explains how to deal with clients that do not… Continue Reading

Deloitte’s $500 Million Sentence

Posted in Professional Liability
We have assisted many accounting firms in the creation or revision of their client engagement letters. They very often question the need to include certain provisions intended to limit their liability to their clients and sometimes ask whether the provision is even enforceable. Whether the provision will be enforced is uncertain due to the very… Continue Reading

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

Negative Online Reviews: The Best Defense

Posted in Data Privacy & Security, Professional Liability
A recent Washington Post article examined the issue of patient privacy complaints after medical providers responded to negative Yelp® reviews about medical care. The issue of how a professional can (or should) respond to negative online reviews is not limited to physicians or medical facilities. While attorneys are not subject to HIPAA, they are all… Continue Reading

Obamacare in the Courtroom: In the Matter of Double Recovery

Posted in Healthcare, Insurance, Medical Malpractice, Professional Liability
The Patient Protection and Affordable Care Act (ACA), a/k/a Obamacare, was drafted to make health care and health insurance more affordable and more available to more Americans as well as to relieve some of the burden on Medicaid. However, the ACA also may have an impact on personal injury litigation. In particular, this legislation may… Continue Reading

Qualified Immunity and Deadly Car Chases: Is the Pendulum Heading the Other Way?

Posted in Professional Liability
The past several years have seen a slew of high-profile excessive force cases against law enforcement officers, often highlighted by cell phone video. These cases have placed increasing pressure on local police departments, which continue to struggle with balancing the public interest in community safety against the individual rights of suspects on the street. At… Continue Reading

When Less Is More: The pitfalls of saying too much in professional contracts

Posted in Architects & Engineers, Design Professionals, Professional Liability
Design and other professionals often incorporate their practices in an effort to avoid individual liability. They also add well-crafted limitations of liability and indemnification clauses in their form services contracts to avoid responsibility for problems that arise in the execution of the plans. These strategies are especially important for practitioners in jurisdictions where a design… Continue Reading

Call Me, Maybe

Posted in Financial Institutions, Professional Liability
Uncertainty Remains for Financial Institutions’ Client Communications Under the TCPA There has been an increase in lawsuits against financial institutions under the Telephone Consumer Protection Act (TCPA), and recent multimillion-dollar class action settlements raise significant concerns in the financial services industry regarding the efficacy of existing compliance protocols. One area of murkiness is the Federal… Continue Reading

Licensing Boards Can Fine You – Even If They Can’t Find You

Posted in Medical, Professional Liability
It the fast-paced world of health care, it is easy to forget the simple things – like notifying your state licensing board about address changes. It seems trivial, but there may be consequences for a physician who fails to update her physician profile. State medical boards have the responsibility and obligation to protect consumers of health… Continue Reading

It Takes One to Confront One in a Professional Liability Claim

Posted in Architects & Engineers, Design Professionals, Professional Liability
Would an architect by any other name smell as sweet? The answer is no when it comes to authoring an affidavit of merit in New Jersey. A recent case made clear that an affidavit from a professional licensed in a different field cannot support a professional liability claim, even if they have sufficient expertise in… Continue Reading

Who Does an Insurance Broker Serve? Somebody!

Posted in Insurance, Insurance Broker, Professional Liability
The year was 1979 when Bob Dylan’s song “Gotta Serve Somebody” was released on his album Slow Train Coming: “It may be the devil or it may be the Lord, but you’re gonna have to serve somebody.” While Dylan’s theme of determining who you serve was unrelated to insurance brokers, the New York Court of… Continue Reading

Clawback Suit Targets International Investors

Posted in Professional Liability, Securities
In 2008, a few months before the $65 billion Madoff Ponzi scheme fell apart, the $3.65 billion Petters Ponzi scheme made headlines. Tom Petters told investors that they were financing the purchase and sale of consumer electronic goods when no goods existed. Rather, Petters used funds from new investors to pay off old investors. He… Continue Reading