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Professional Liability Matters

Legal Developments and Risk Management Tips Impacting the Professional Liability Community.

LATEST INSIGHTS

• Professional Liability Matters, Risk Management

Lessons Associated with the Professional Liability Insurance Application

All professionals who maintain professional liability insurance are familiar with the insurance application. When completing the application, professionals must make decisions regarding the type and amount of coverage, and the costs for the premium and deductible. Moreover, the professional must provide information that the insurance company’s underwriter will rely upon to weigh the risks of insuring that professional. Notably, many PL applications request historical information regarding threatened or potential litigation. This question, perhaps more than others, has led to significant coverage issues and presents a risk management concern.

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• Cyber-Liability, Professional Liability Matters

Time to Revisit your Password

It is time to revisit your password because it may be susceptible to an easy hack. The risk of cyber loss is well documented. We’ve routinely warned of these risks previously and, no doubt, will continue to do so because cyber losses are reportedly increasing, and the cost to recover from a data breach can be staggering. All professionals maintain personally identifiable data that would be a goldmine to hackers. Most professionals – hopefully all – at the very least utilize the most fundamental type of security by storing electronic data in a password protected format. But, according to a recent survey, that password may need an update.

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• Insurance Products, Professional Liability Matters

Does Malpractice Insurance Cover Fee Disputes?

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 …

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• Employment Practices Liability, Professional Liability Matters

Life for the Employer After a Discrimination Claim

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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• General, Professional Liability Matters

ABA’s Blawg 100 – Nominations Due August 9th

The ABA Journal is putting together its annual list of the 100 best legal blogs, based on reader votes. As publishers of Professional Liability Matters, we are proud to be considered for this prestigious list — and we would be honored if you would help. If you enjoy visiting Professional Liability Matters, and believe it is worthy of industry recognition, please click here to visit the ABA Blawg 100 Amici page and nominate us before the August 9 deadline. Thank you!

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• Cyber-Liability, Professional Liability Matters

Love Triangles and Liability: Walgreens hit with $1.4 Million Verdict

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.

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• Legal Malpractice, Professional Liability Matters, Risk Management

Unringing the Bell: Clawback Provisions and Inadvertent Document Production

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.

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• Medical Malpractice, Professional Liability Matters

Missed Diagnoses is #1 Cause of Medical Malpractice Claims

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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