Professional negligence

Law Reporter, May 2001

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

ACCOUNTING

Client's negligence suit accrued under "last treatment rule" when accountants stopped preparing returns The Michigan Supreme Court held that under the "last treatment rule," a client's negligence claim accrued after an accounting firm stopped preparing the client's annual income tax return. Richard B. Poling Jr. and Shannon M. Acton, both of Troy, Mich., represented plaintiff.

Levy P. Martin, 620 N.W.2d 292 (Mich. 2001).

DENTISTRY

Dentist could be liable under both negligence and intentional infliction of emotional distress theories

The Tenth Circuit Court of Appeals held that a dentist whose patient sustained brain damage following a dental implant procedure could be liable for negligence and intentional infliction of emotional distress. Robert T. Goolsby, *Kirk Olson, and David Proctor, all of Oklahoma City, Okla., represented plaintiff.

Macsenti v. Becker, 237 EM 1223 (10th Cir. 2001).

LAW

Attorney may be liable to nonclient trust beneficiaries The Hawaii Supreme Court held that an attorney may be liable in tort or contract to the nonclient beneficiaries of a trust drafted by the attorney. The court also found that the discovery rule applied to legal negligence claims arising out of the drafting of the trust. Bruce S. Ross, Los Angeles, Cal.; Paul J. Barulich, Redwood Shores, Cal.; and Arthur B. Reinwald, George W. Playdon Jr., and Jody L. Kellerman, all of Honolulu, Haw., represented plaintiffs.

Blair v. Ing,__ P.3d__, No. 22401, 2001 WL 192570 (Haw. Feb. 27,2001).

Collateral estoppel precluded criminal client's legal negligence suit after convictions affirmed on appeal

The Maine Supreme Judicial Court held that a client whose convictions were affirmed in a proceeding in which he unsuccessfully asserted he had received ineffective assistance of counsel could not later sue for legal negligence.

Brewer ro. Hagemann, __ A.2d __, No. 00-372, 2001 WL 82140 (Me. Feb. 1, 2001).

NURSING HOME

Substandard nursing care

Settlement on behalf of a 47-year-old man with mental retardation who underwent leg amputations after lesions on his legs became infected. Suit against the adult care facility where the man lived alleged that substandard nursing care and understaffing at the facility allowed the otherwise manageable lesions to go undiagnosed and untreated, resuiting in infection. *Michael V. Madden, Wichita, Kan., represented plaintiff.

Kelley P. Hunter Care Ctrs., Inc., U.S. Dist. Ct., D. Kan., No. 99-1016-JTM, May 2000.

PSYCHOTHERAPY

Improper sexual relationship with patient

Verdict for a 35-year-old woman who developed chronic depression and anxiety after she and her psychiatrist engaged in sexual relations during the woman's therapy sessions. Suit against the psychiatrist alleged, among other claims, that defendant had violated professional boundaries by engaging in a sexual relationship with plaintiff. *Ruth E. Bernstein, New York, N.Y., represented plaintiff.

Leeds v. Coleman, N.Y., New York County Sup. Ct., No. 115978/97, June 29, 2000.

SOCIAL WORK

County social worker may be liable for failing to obtain warrant before removing child from her home

The Ninth Circuit Court of Appeals held that a county social worker may be liable for removing an allegedly abused child from her home without first obtaining a warrant. Peter R, Afrasiabi, Newport Beach, Cal., represented plaintiff in this case.

Mabe v. San Bernardino County, 237 EM 1101 (9th Cir. 2001).