Professional Negligence

Law Reporter, Dec 2003

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.

CLERGY

Sexual abuse of minor at nursing home

Settlement for a teenager who suffered emotional problems after allegedly being molested by a pastor while visiting a nursing home. He sued an archdiocese, which supervised the pastor and operated the home, alleging defendant had negligently put a known pedophile in contact with children. *Jeffrey M. Herman, Hollywood, Fla., represented plaintiff.

Doe v. Smith, Fla., Dade County Cir. Ct., No. 02-23649, Sept. 25, 2003.

Comment: In Archdiocese of Milwaukee v. Superior Ct., 5 Cal. Rptr. 3d 154 (Ct. App. 2003), plaintiff claimed that a Roman Catholic priest molested him while working at a California parish. Plaintiff sued a Wisconsin archdiocese, the California diocese, and the priest, alleging, among other things, that the Wisconsin archdiocese had engaged in a cover-up of the priest's prior misconduct-which included a conviction for sexual perversion against a boy-and enabled the priest to move to the California diocese. The Wisconsin archdiocese moved to quash service of summons for lack of personal jurisdiction. The trial court denied the motion, and the appellate court later held diat plaintiff met his burden of proving, for jurisdictional purposes, that the archdiocese (1) had engaged in intentional conduct expressly aimed at California and (2) knew it would cause harm there. *Katherine K. Freberg, Irvine, Cal., represented plaintiff in this case.

INSURANCE

Insured cannot hold independent insurance adjuster individually liable in negligence

The South Carolina Supreme Court held that an independent insurance company or adjusting company cannot be held individually liable in negligence to an insured.

Charleston Dry Cleaners & Laundry, Inc. v. Zurich Am. Ins. Co., 586 S.E.2d 586 (S.C. 2003).

LAW

Improper handling of custody dispute

Settlement for a woman who lost legal custody of her son after she and her husband engaged in a child support and custody dispute. She sued several attorneys who had represented her in the dispute, alleging legal negligence. Among other things, plaintiff alleged defendants had failed to conduct discovery, retain the proper experts, and adequately prepare for trial. *Jeffrey R. Oritt, Salt Lake City, Utah, represented plaintiff.

Hudema v. Hamilton, U.S. Dist. Ct., D. Utah, No. 2:02CV-0166B, June 4, 2003.

PHARMACY

Improperly mixed sugar solution

Settlements on behalf of an infant boy who suffered hyperglycemia and seizures after taking a sugar solution prepared by a hospital pharmacy using a mixing machine. The child's parents, individually and on his behalf, sued the hospital, alleging its pharmacist had put too much glucose in the solution. *Robert A. Clifford, *Keith A. Hebeisen, and *Susan A. Capra, all of Chicago, Ill., represented the plaintiffs.

Gist v. Mercy Hosp. &Med. Gtr., Ill., Cook County Cir. Ct., No. 00L14410, Sept. 8, 2003.

Comment: The hospital has reportedly asserted a third-party claim against the mixing machine manufacturer, alleging that the machine was defective in that it did not alert users that they were mixing substances improperly.

PSYCHOTHERAPY

Failure to notify authorities about patient's child abuse

Verdict for a woman who suffered emotional distress after allegedly being molested as a child by her father. She sued two psychologists, alleging one of them had negligently told the father he would not report the abuse if the father continued in treatment. *Danieal H. Miller, Columbia, Mo., represented plaintiff.

Doe v. Roe, Mo., Boone County Cir. Ct., No. 99CC082164, Sept. 18, 2003.

SOCIAL WORK

Failure to place detainee on suicide watch

Verdict, including punitive damages, for the estate of a man who hanged himself while detained at a county jail. His grandmother, on behalf of his estate, sued a medical services contractor and a social worker, alleging civil rights violations under 42 U.S.C. § 1983. Among other things, plaintiff charged defendants had failed to put the man on suicide watch, adequately review his medical records, and timely refer him to a psychiatrist. *Peter K Coladarci, Chicago, Ill., and David C. Sleigh, Saint Johnsbury, Vt., represented plaintiff. Documents in this case are available through the Court Document Sets section at the back of this issue, courtesy of Mr. Coladarci.

Woodward v. Myres, U.S. Dist. Ct., N.D. Ill., Nos. 00 C 6010, 99 C 0290, July 2003.