Legal Developments and Risk Management Tips Impacting the Professional Liability Community.
You may be surprised to learn that some professional malpractice policies do not cover fee disputes. Professional liability insurance is an essential component of every professional’s practice, helping to mitigate risk in malpractice actions. But many professional liability policies may leave professionals to fend for themselves in one of the most fundamental aspects of the …
The workplace is often incredibly uncomfortable following an employee’s claim of work-related discrimination. The employer must balance its goal of productivity and profit while maintaining employee morale and equality on the job. At times, an employer facing a charge of discrimination may feel hamstrung by the looming charge and may permit employee conduct that was otherwise sanctionable out of fear of what may be perceived as retaliation against the employee for filing a charge. But, as the recent decision out of the Seventh Circuit proves, a charge of discrimination does not provide the employee with free rein to violate work-place protocol.
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Walgreens pharmacy was recently hit with a $1.4 million verdict for divulging sensitive patron information. The suit arises from one of the more peculiar set of facts you’ll encounter but the takeaway is important to all. Pharmacy chains have increasingly become the targets of lawsuits mostly stemming from the improper administration of prescriptions or the failure to give appropriate warnings. But some recent suits involve a dilemma that all professionals face in this digital age: the failure to adequately protect sensitive and confidential data.
Technological advancements have prompted an explosion in electronically stored information (ESI). A single laptop computer is capable of holding more than 2,000 banker’s boxes of paper, and a smart phone with 16 GB of memory can hold roughly the equivalent of 1,000,000 printed pages. Given the potential value of this data, litigants are routinely requesting ESI during discovery. At the same time, lawyers responding to these requests are faced with the Herculean task of sorting through mountains of evidence to remove privileged or confidential documents. This presents a risk management nightmare.
A recently released study demonstrates that most medical malpractice claims stem from missing serious illnesses and medical conditions. The international study specifically focused on claims asserted against primary care physicians because of their role as the first line of care for patients. The results of the study are noteworthy but not necessarily surprising.
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Cases provided courtesy of LexisNexis.
A prominent British law firm recently admitted that it was responsible for leaking JK Rowling’s pen name in her new mystery novel. The venerable author of the Harry Potter series intended to wear an invisibility cloak of her own, releasing her latest work – the Cuckoo’s Calling – under the pseudonym Robert Galbraith. Rowling reportedly hoped to “publish without hype or expectation” that would accompany her true identity. But the anonymity did not last long thanks to her attorney’s blunder at a cocktail party.
Many aspects of litigation involve high levels of emotion when reputations, resources, pride, and goals are on the line. Nonetheless, it is highly unusual for an attorney to be subject to mental distress damages arising from a legal malpractice claim. Recoverable damages are usually limited to compensatory losses. However, a recent decision from Iowa’s highest court suggests that the tide may be turning.