PROFESSIONAL NEGLIGENCE

Law Reporter, May 2004

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.

ASSISTED LIVING

Negligent administration of morphine overdose Settlement for the estate of a man who died after being administered a toxic amount of morphine while suffering from end-stage cancer. His sister claimed that an assisted living facility was liable for its nurse's negligent administration of a morphine overdose. Claimant was represented by *Robert Randall, Minneapolis, Minn.

Doe v. Roe Assisted Living Facility, Minn., confidential ct. and docket no., Sept. 2003.

LAW

Provision requiring client to arbitrate negligence claims was unenforceable

An Ohio appellate court held that a client could not be compelled to arbitrate her negligence claims against her former attorney notwithstanding the presence of an arbitration clause in the parties' retainer agreement. Mark P. Herron, Cleveland, Ohio, represented plaintiff in this case.

Thornton v. Haggins, No. CV-492688, 2003 WL 23010100 (Ohio Ct. App. Dec. 24, 2003).

Filing of complaint by firm constituted "initial communication" for FDCPA purposes

The Seventh Circuit Court of Appeals held that a law firm's filing of a summons and complaint against a debtor constituted an "initial communication" under the terms of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 et seq. Frank Thomas, pro se, Matteson, Ill., and Jessica E. Price, Milwaukee, Wis., represented plaintiff in this case.

Thomas v. Law Firm of Simpson & Cybak, 354 F.3d 696 (7th Cir. 2004).

Attorney may owe duty to third party intended to directly benefit from client's transaction with attorney

The Wyoming Supreme Court held that attorneys can be found to owe a duty to nonclients in limited circumstances. The court adopted a six-part balancing test, to be used on a case-by-case basis, which considers, among other things, the extent to which the transaction was intended to directly benefit the third party and the foreseeability of harm.

Drwenski v. McColloch, 83 P.3d 457 (Wyo. 2004).

NURSING HOME

Failure to treat pressure sores

Verdict, including punitive damages, on behalf of a man who died after suffering multiple, infected pressure sores and other injuries while living at a nursing home for 15 months. His child, individually and on behalf of his estate, filed suit against the home's owner and operator, alleging its nurses and staff had failed to treat the pressure sores and had kept false medical records. *John E. Suthers and Christopher J. Thompson, both of Savannah, Ga., and *Paul J. Doolittle, Charleston, S.C., represented plaintiffs. Documents in this case are available through the Court Document Sets section at the back of this issue, courtesy of Mr. Thompson.

Dunson v. Blue Ridge Nursing Homes, Inc., Ga., DeKalb County State Ct., No. 01A85157-1, Dec. 19, 2003.

PSYCHOTHERAPY

Treatment by unlicensed psychiatrist at clinic Class action settlement for about 350 HMO enrollees who received treatment from a man falsely holding himself out as a psychiatrist. Plaintiffs sued the HMO, the corporate owner of the clinic where the treatment took place, and the unlicensed practitioner, alleging breach of contract and invasion of privacy. Suit also alleged the clinic had failed to timely notify patients of the practitioner's false credentials. *Alan M. Feldman and *Thomas M. Marrone, both of Philadelphia, Pa., represented plaintiffs.

Katlin v. Tremoglie, Pa., Phila. County C.C.P., June Term 1997, No. 2703, Jan. 26, 2003.