Professional negligence

Law Reporter, Jun 2000

ATLA's Professional Negligence Law Reporter includes a broad range of professional liability cases. Here are examples of the kinds of cases appearing in each issue of PNLR.

AMBULANCE COMPANY

Improper response to 911 call

Verdict for a woman who suffered permanent brain damage, requiring nursing home care, after calling 911 when she experienced breathing difficulties. She and her husband filed suit against an ambulance company, alleging its employees had failed to arrive promptly at plaintiffs' home. Plaintiffs claimed the employees had made a wrong turn on plaintiffs' street despite several identifiers, including clearly marked addresses and names on mailboxes. Plaintiffs in this case were represented by *Chris A. Messerly, Minneapolis, Minn.

Blatz v. Allina Health Sys., Minn., Scott County Dist. Ct., No. 1997-11134, Jan. 28, 2000.

FUNERAL HOME

Funeral home could be liable for tort of outrage

An Arkansas appellate court held that a funeral home and its agent that allegedly mishandled funeral and burial proceedings may be liable for the tort of outrage. Plaintiffs were represented by *James G. Schulze and J. Todd Jones, both of Little Rock, Ark.

Crockett v. Essex, 9 S.W.3d 561 (Ark. Ct. App. 2000).

Negligent display, delivery of wrong body

Settlement for a family that suffered emotional distress dur ing the viewing and funeral service of a deceased relative. The family sued a mortuary and an embalmer, alleging negligent handling of the relative's body in that defendants had failed to check body tags and other identifying information. Plaintiffs were represented by *Eugene W. Comroe, Woodland Hills, Cal.

Moreno v. Risher Montebello Mortuary, Cal., Los Angeles County Super. Ct., No. BC 195298, Dec. 7,1999.

Comment. For a case in which plaintiffs recovered damages for emotional distress resulting from a funeral home's improper placement of a grave, see Brewer v john D. Covert Funeral Home, Inc., 37 ATIA L. Rep. 62 (Feb. 1994). *Peter N. Littman, Ithaca, N.Y., represented plaintiffs. Documents in Brewer are available through the Court Documents section in the back of this issue, courtesy of Mr. Littman.

INSURANCE

Bad faith discontinuation of special program benefits for child with cerebral palsy

Verdict, including punitive damages, for a child with cerebral palsy whose communication and motor skills deteriorated after an insurer terminated her from a special program for chronically ill patients. Her father, individually and on his daughter's behalf, sued the insurer, alleging breach of contract, fraud, bad faith, promissory estoppel, and intentional infliction of emotional distress. Among other things, plaintiffs claimed that defendant had engaged in aggressive, undisclosed cost-cutting activities that were driven by profit motives, not the needs of patients. *Theodore J. Leopold and *Edward M. Ricci, both of West Palm Beach, Fla., and Marjorie Gadarian Graham, Palm Beach Gardens, Fla., represented plaintiffs.

Chipps v. Humana Health Ins. Co. of Fla., Inc., Fla., Palm Beach County Cir. Ct., No. CL 96-00423, Jan. 4, 2000.

Comment: For a case holding that the tort of bad faith applies to HMOs making out-of-network benefit decisions, see McEvoy v. Group Health Coop., 570 NW 2d 397 (Wis. 1997), 41 ATLA L. Rep. 22 (Feb. 1998). *Matthew A. Biegert and *Brian H. Sande, both of New Richmond, Wis., represented plaintiffs. *Edward E. Robinson, Milwaukee, Wis., was amicus curiae counsel. Documents in McEvoy are available through the Court Documents section in the back of this issue, courtesy of Mr. Biegert and Mr. Robinson.

IAW

Attorney could be liable for both negligence and breach of fiduciary duty arising out of adoption proceeding A Colorado appellate court held that an attorney could be liable for both professional negligence and breach of fiduciary duty based on the attorney's handling of an adoption proceeding. *Edward D. Parrish and Maria T. Schaefer, both of Denver, Colo., represented plaintiffs.

Boyd ro. Garvert, - P.2d -, No. 98CA1178, 2000 WL 123981 (Colo. Ct. App. Feb. 3,2000).

Bar association not held liable for negligent referral of attorney

A Pennsylvania appellate court held that a bar association was not liable for negligent referral of an attorney who subsequently failed to meet the limitations period for a client's claim.

Bourke v. Kazaras, 746 A.2d 642 (Pa. Super. Ct. 2000).

NURSING HomE

Claim alleging improper supervision of resident not subject to medical negligence procedural requirements A North Carolina appellate court held that a claim alleging a nursing home was liable for improperly supervising a patient while she was smoking constituted an ordinary negligence claim not subject to medical negligence claim procedural requirements. Robert J. Burford, Raleigh, N.C., represented plaintiff.

Taylor ro. Vencor, Inc., 525 S.E.2d 201 (N.C. Ct. App. 2000).

Failure to disclose resident's dangerous propensities Verdict, including punitive damages, on behalf of a nursing home resident who was sexually assaulted by a fellow resident. Her daughter, who witnessed the assault, sued the home's owner on behalf of herself and her mother's estate. Suit alleged that the home had failed to protect residents from the attacker despite knowledge of his background, which allegedly included bizarre sexual behavior at other facilities. Plaintiff also sued the home's medical director, a psychiatrist who had treated both the attacker and the mother, alleging (1) negligent placement of the attacker at the home and (2) failure to disclose that he could pose a danger to other residents. Rusty Hardin and Robert Galatas, both of Houston, Tex., represented plaintiffs in this case.