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This Week's Feature
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The Future of Peer Review: Physician Candor vs. Patient Right
By Teresa A. Arnold Simmons and Ashley B. Winstead
Quintairos, Prieto, Wood & Boyer, P.A., Jacksonville, Florida
A BRIEF HISTORY OF PEER REVIEW
Peer review for physicians was developed in the first half of the twentieth century, by the medical profession, as a way of reviewing the qualifications and practice patterns of physicians and surgeons on staff, as well as new applicants. Susan O. Scheutow, State Medical Peer Review: High Costs But No Benefit – Is it Time for a Change?, 25 AM. J.L. & MED.7, 12 (1999); Susan O. Scheutow & Sylvia Lynn Gillis, Confidentiality and Privilege of Peer Review Information: More Imagined than Real, 7 J.L. & HEALTH 169, 171 (1992-1993).
[FULL STORY]
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Legal News
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MINNESOTA APPELLATE COURT — Attorney’s Failure to Notify His Professional Liability Insurer of a Potential Malpractice Claim Voids the Coverage for the Claim
Chapman v. Minn. Lawyers Mut. Ins. Co., 2009 Minn. App. Unpub. LEXIS 698 (6/30/09)
Plaintiff brought a malpractice action against his attorney for failing to bring a lawsuit before the statute of limitations barred the suit. The attorney tendered the defense to the client's action to his professional liability insurer (defendant), which denied coverage and refused the tender. The attorney then settled the claim by paying some money, stipulating to the entry of a money judgment against him for an additional sum, and assigning to plaintiff any claim the attorney had against defendant. The plaintiff then sued defendant, which moved for summary judgment because the attorney’s knowledge of and failure to disclose the plaintiff’s claim against him when he renewed his insurance policy voided coverage.
[FULL STORY]
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NEW YORK APPELLATE DIVISION COURT — Judgmental Immunity Dismissal Reversed
HNH Intl., Ltd. v. Pryor Cashman Sherman & Flynn LLP, 2009 NY Slip Op 4964 (6/18/09)
The plaintiffs alleged that defendant law firm incorrectly advised them concerning the early 20th century sound recordings they proposed to re-engineer, re-master and distribute as CDs. After the CDs had been manufactured and distributed, the plaintiffs were sued and found liable for common-law copyright infringement. The trial court dismissed the complaint, based on documentary evidence from which it concluded that the state of the law at the time the advice was given was unsettled and the defendants therefore had not failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession at that time.
[FULL STORY]
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OHIO APPELLATE COURT — Summary Judgment for Law Firm Is Reversed Regarding the Law Firm’s Alleged Fraudulent Withholding of Professional Liability Insurance Information to Plaintiffs in a Prior Malpractice Action
Berry v. Javitch, 2009 Ohio 3067 (6/25/09)
The plaintiffs had brought a prior malpractice action against defendant during which the defendant failed to disclose that it had professional liability insurance with Clarendon Insurance during the applicable time period. On 12/21/01, the plaintiffs settled with the defendant in the prior action, which settlement agreement stated that (1) defendant would pay a certain amount, (2) defendant would try to persuade another professional liability insurance carrier, Legion, to pay the remainder of the damages, and (3) plaintiffs would receive only defendant’s payment if defendant was unable to find insurance coverage from Legion.
[FULL STORY]
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DRI News
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DID YOU KNOW?
Did You Know that Chicago produced the first…
• Bleacher Bums
• Batter Up! The first regulation baseballs and bats used by professional players were manufactured by Chicago entrepreneur (and former pitcher) Albert G. Spalding.
• Steel frame skyscraper
• Stainless steel building
• Dunkin Donuts
• Butterfinger and Baby Ruth candy bars
• Before prohibition, Shlitz Brewery owned more property in Chicago than anyone else except the Catholic Church.
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Don’t miss this opportunity to learn other interesting and fun facts about Chicago! There are only 28 discount days left to save $100 on your Annual Meeting registration. Don’t delay, register today!
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New DRI Seminar!
The DRI Best Practices for Law Firm Profitability Seminar will be held December 3-4, 2009, at the Sheraton New York Hotel & Towers in New York City. The program, which was developed by the DRI Law Practice Management Committee, managing partners and in-house counsel, is designed specifically for decision makers affiliated with corporations and law firms of all sizes. View the seminar brochure for detailed information. In addition to an exciting program, registrants will have the ability to network directly with over 500 lawyers who will be attending the DRI Insurance Coverage and Practice Symposium, which will be held simultaneously at the Sheraton property. Register online today or call DRI Customer Service at 312.795.1101 for more information.
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And The Defense Wins!
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Led by DRI member P. Gerhardt Zacher, a team of San Diego environmental/toxic tort attorneys at Gordon & Rees LLP obtained a long fought victory on behalf of client Cooper Industries, LLC in the benchmark perchloroethylene contamination case of City of Modesto et al. v. The Dow Chemical Co., et al. (SFSC Case Nos. 999643 & 999345).
[FULL STORY]
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Paul Venker, a partner with Williams Venker & Sanders LLC in St. Louis, obtained a defense jury verdict on behalf of a St. Louis nurse in a medical malpractice and product liability suit filed in St. Louis County Circuit Court. The plaintiffs, family members of the deceased patient, claimed that the defending surgeon and nurse negligently left a broken instrument piece inside the patient, necessitating a second surgery. This surgery then led to the patient’s heart attack and her ultimate death. Furthermore, the plaintiffs alleged that the instrument itself was defective, faulting the manufacturer too, because the instrument broke during surgery.
[FULL STORY]
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On April 29, 2009, Zach Mayer and Aaron Speer of Kane Russell Coleman & Logan PC (KRCL) in Dallas, Texas, obtained a defense verdict for a national trucking company in defending a catastrophic brain injury case. The plaintiffs alleged that the driver was negligent in his operation of a tractor and two trailer units, while acting in the course and scope of his employment. Furthermore, the plaintiffs alleged negligent hiring, training and supervision against the carrier. KRCL prevailed on a motion for summary judgment pertaining to the negligent supervision, training and hiring claims. The case did not settle after two mediations, with the plaintiffs' final demand remaining at more than $10 million.
[FULL STORY]
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Horvitz & Levy partners M.C. Sungaila and David Axelrad of Encino, California, successfully represented a property management company in a case before the California Court of Appeal wherein the court affirmed the trial court’s ability to exclude unfounded expert testimony in a residential mold case.
[FULL STORY]
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Keep those defense wins coming! Send a short summary and recent photo of yourself to Barb Lowery by email (blowery@dri.org).
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Leader Spotlight
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This week’s spotlight is focused on Paul Caleo, partner in the Oakland, California firm of Burnham and Brown PLC. He is an active member of DRI’s Product Liability Committee and was most recently appointed to the steering committee of DRI’s Strictly Retail Seminar that will debut March 4-5, 2010.
[FULL STORY]
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Quote of the Week
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There is no cause half so sacred as the cause of a people. There is no idea so uplifting as the idea of the service of humanity.
—Woodrow Wilson
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DRI Cares
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Sending Your Submission
Are you or your law firm actively involved in community service or pro bono work? If so, DRI would like to hear about it. Please send a short article (750 words max) describing your involvement to Barb Lowery (blowery@dri.org). Representative submissions will be selected for inclusion in The Voice.
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DRI CLE Calendar
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Chinese Drywall Litigation (webcast)
August 17, 2009
DRI's National Workers' Compensation Review
August 17-18, 2009
Orlando World Center Marriott, Orlando, Florida
Payer Statute and the Medicare, Medicaid and SCHIP Extension Act: Impact on Litigating Personal Injury (webcast)
August 26, 2009
Construction Law
September 10-11, 2009
The Palace Hotel, San Francisco, California
Nursing Home/ALF Litigation
September 10-11, 2009
The Westin Kierland, Scottsdale, Arizona
Strictly Automotive
September 24-25, 2009
Hilton La Jolla Torrey Pines, La Jolla, California
Appellate Advocacy
November 5-6, 2009
Hilton La Jolla Torrey Pines, La Jolla, California
Asbestos Medicine
November 12-13, 2009
Fontainebleau Miami Beach, Miami, Florida
Insurance Coverage and Practice
December 3-4, 2009
Sheraton New York Hotel & Towers, New York, New York
Best Practices for Law Firm Profitability
December 3-4, 2009
Sheraton New York Hotel & Towers, New York, New York
For all other seminars, webconferences and webcasts, click here.
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Current Issues in Medical Liability and Health Care Law
Defending Damages Claims in Business Tort Cases
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