Professional Liability Lawyers in the USA

I. General Standard - With some exceptions, the general legal standard of care for business actors and agents is “prudence.” In this context “prudence” means to act as an ordinary prudent person would act under the circumstances. But, this standard can be misleading because, at law, prudent people arguably do not make common mistakes, like combing their hair or changing the radio dial while driving, let alone sending texts. So, the prudent standard.

Medication errors are far more common than most people imagine. Commonly cited statistics are that 1.3 million people are injured and approximately 7,000 people die from medication errors each year in the U.S. In May 2011, Dr. Pamela Brown, a Ph.D., RN nurse manager of a pediatric intensive care unit, gave a presentation on fatal medication errors at a conference for critical care nurses.

In a recent study published in the New England Journal of Medicine (NEJM), the authors cite studies which show an increased risk of complications for patients who undergo elective procedures performed by a sleep-deprived doctor. According to the Society of Actuaries, medical mistakes cost the U.S. economy over $19.5 billion in 2008. During that year, the report estimates that medical mistakes caused over 1.5 million injuries, resulting in 2,500 estimated deaths.

An increasing number of surgeries are performed on an outpatient basis each year, requiring no hospital stay and leaving it up to the patient to manage their own recovery. By some estimates, anywhere from 25 to 30 million Americans undergo surgery every year. Over one third of those surgeries require at least one night in the hospital and even more can involve a significant amount of recovery time.

In Arizona, anyone interested in the affairs or welfare of an allegedly incompetent person may petition the court for appointment as a guardian. ABC15 reports that Sun Valley Group of Tempe requested appointment as guardian to Gloria Horrigan and Rosemary Brown. Upon appointment, Horrigan was taken to a nursing home against her will and not allowed visitors, not even her family. Brown followed a similar pattern, also taken and not allowed to see her family or visitors.

Orthopedic surgery doctors manage patients with musculoskeletal system disorders. When malpractice occurs, a person could end up with fractures, tumors, and deformity in the wrists, joints, extremity, and spine.

According to American Medical News, state licensing boards, medical groups, and hospitals are requiring doctors to take continuing medical education (CME) courses to prevent misconduct.

In September 2011, a California couple filed a lawsuit against the Trinity County Sheriff's Department for sending them into a dangerous situation. The couple had been contacted by a Sheriff's Corporal and sent to check on a neighbor who made a 911 call indicating she was in danger. They had not been warned of the nature of the distress call and, upon their arrival, were violently attacked. A lawyer explores how the couple will prove the police were liable for the personal injury they suffered.

Health Care Provider Liability under the False Claims Act (31 U.S.C. § 3729 et seq.) - A recent decision by the Third Circuit Court of Appeals details circumstances under which health care providers may be held liable under the False Claims Act (“FCA”), 31 U.S.C. § 3729, et seq., for alleged fraud committed under Part C of the U.S. Medicare program. By Cliff Holmes, Esq. Attorney for Dunlap, Grubb & Weaver PLLC (Washington, DC)

In this article, the author discusses how a non-licensed person can work with a professional practice, including the use of an administrative/management service company.