Professional negligence

Law Reporter, Oct 2002

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

DENTISTRY

Failure to timely refer patient to specialist

Verdict for a man who suffered permanent nerve damage after undergoing wisdom tooth extractions. He sued a maxillofacial surgeon, alleging she had failed to timely refer him to a nerve grafting specialist when he experienced facial numbness after the procedure. Thomas F. Sacchetta, Media, Pa., and Joe H. Tucker Jr., Philadelphia, Pa., represented plaintiff.

Fine ro. Cecchio, Pa., Philadelphia County C.C.P., Aug. Term 2000, No. 0315, Apr. 26, 2002.

FosTER CARE

Negligent placement of child near dangerous dog Structured settlement on behalf of a child who was mauled by a dog while living in a foster home. His mother claimed the state was liable for its agency's (1) placement of the child near a dangerous dog and (2) failure to ensure the safety of the foster home. *Alan R Goodman, Springfield, Mass., represented claimant.

Ross v. Massachusetts, Mass., settled before filing, Apr. 2002.

Comment: A Court Document Sets by Topic on dog attacks is available on p. 304.

LAW

Attorney may seek indemnification from former cocounsel in underlying suit

The California Supreme Court held that an attorney who settled a professional negligence action with a former client may seek indemnification from another attorney who helped represent the client in the underlying action. James A. Murphy, Harlan B. Watkins, and Alexander J. Berline, all of San Francisco, Cal., represented plaintiff

Musser ro. Provencher, 121 Cal. Rptr. 2d 373 (2002). Attorney-debt collector may be liable under FDCPA for attempting to collect increased penalty

The Tenth Circuit Court of Appeals held that an attorney may be liable under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, for attempting to collect an amount that was not permitted by Utah law. Lester A. Perry, Salt Lake City, Utah, represented plaintiff in this case.

Johnson v. Riddle, - EM -, No. 01-4028,2002 WL 1381233 (10th Cir. June 27, 2002).

NURSING HoME

Failure to provide alarms

Settlement for the estate of a nursing home resident who died after she left the home unaccompanied. Her son, on behalf of her estate, sued the home, alleging its door alarms had not worked or were ignored when the woman left. *Stephen G. Baime, Chicago, Ill., represented plaintiff.

Lewin v. Educational & Healthcare Dev. Found. of Beloit, Ill., Cook County Cir. Ct., No. 01 L 62046, May 2002.

PSYCHOTHERAPY

Failure to diagnose lithium toxicity

Structured settlement for a child who went blind after being diagnosed as having a pseudotumor cerebri-an intracranial tumor often caused by brain swelling. He sued a psychiatrist and others, alleging failure to timely diagnose the tumor which, plaintiff argued, resulted from a toxic reaction to lithium negligently prescribed by the psychiatrist. Eric P. von Wiegen and Kevin George, both of Louisville, Ky., represented plaintiff.

Doe v. Roe, Ky., confidential court and docket number, June 24, 2002.