Justia Professional Malpractice & Ethics Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court awarding attorneys' fees after a medical doctor sued and lost against a hospital following its revocation of the doctor's medical staff and surgical privileges, holding that the circuit court did not err or abuse its discretion.Doctor, a surgeon, sued Hospital after his termination stemming from allegations that Doctor provided care that fell short of standard surgical practice. After a remand, all of Doctor's claims were dismissed. Thereafter, the circuit court awarded Hospital attorneys' fees and costs. The Supreme Court affirmed, holding (1) the motion for attorneys' fees was timely filed; and (2) Doctor was not entitled to relief on his remaining allegations of error. View "Williams v. Baptist Health" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's legal malpractice complaint against Appellees, her attorneys, and finding that there were no facts in the complaint sufficient to toll the running of the statute of limitations based on fraudulent concealment, holding that there was no error.In the motion to dismiss, Appellees argued that Appellant's malpractice claim was barred by the applicable statute of limitations and should be dismissed. The circuit court granted the motion to dismiss based on the statute of limitations. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in dismissing the case and finding there were no facts contained in the complaint sufficient to toll the running of the statute of limitations based on fraudulent concealment. View "Nichols v. Gibson" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the circuit court in this legal malpractice case, holding that there was no error.A media company entered into a purportedly tax-friendly sale with the assistance of a tax law firm, an accounting firm, and Murphy Desmond. After the deal closed and the shareholders had received their payout, the IRS levied various taxes and penalties against the shareholders. Several shareholders brought suit. Terry and Sandy Shockley intervened and filed a complaint against all three entities. The Shockleys subsequently settled with two entities, leaving them with a legal malpractice claim against Murphy Desmond. The jury found Murphy Desmond negligent in part, but the circuit court concluded that it was entitled to indemnification from the entities who settled, leaving the Shockleys with no further recovery. The Supreme Court affirmed, holding that, in accord with Fleming v. Thresherman's Mutual Insurance Co., 388 N.W.2d 908 (Wis. 1986), Murphy Desmond owed no damages to the Shockleys. View "Allsop Venture Partners III v. Murphy Desmond SC" on Justia Law

In this § 1983 lawsuit, Plaintiff sought declaratory and injunctive relief to stop ongoing physician disciplinary proceedings in which the Iowa Board of Medicine (“the Board”), represented by the Attorney General of Iowa, charges Wassef with violating Iowa law by inappropriately accessing patient records during his residency at the University of Iowa Hospitals and Clinics (“UIHC”). The Board is responsible for regulating the practice of medicine in Iowa and is authorized to discipline doctors who do not meet minimum practice standards established by the Board and by the Iowa Legislature. Plaintiff alleged the ongoing proceedings violate federal law -- the Health Insurance Portability and Accountability Act (“HIPAA”). The district court dismissed the action, concluding that it must abstain pursuant to Younger v. Harris, 401 U.S. 37 (1971). The court also dismissed the due process claim because Plaintiff failed to exhaust state remedies and failed to plausibly allege a claim.   The Eighth Circuit modified the dismissal to be without prejudice, vacated the district court’s due process ruling, and granted Plaintiff’s unopposed Motion To Substitute Parties. The court concluded the district court properly abstained under Younger. However, as the state disciplinary proceedings are ongoing, the court should have declined to reach the merits of the due process claim, which Plaintiff can litigate in the state proceedings. Accordingly, the court modified the dismissal to be without prejudice, which is usually the proper disposition when a court abstains under Younger. View "Shafik Wassef v. Dennis Tibben" on Justia Law

The Supreme Court reversed the judgment of the court of appeals reversing the decision of the district court denying Winstead PC's motion to dismiss USA Lending Group, Inc.'s malpractice claim brought under the Texas Citizens Participation Act in this legal malpractice case, holding that Winstead presented prima facie evidence sufficient to survive a motion to dismiss.USA Lending hired Winstead PC to sue USA Lending's former employee. Later, USA Lending sued Winstead and its attorney seeking more than $1 million in damages, alleging that Winstead's malpractice caused USA Lending to forfeit its claim for monetary damages. Winstead filed a motion to dismiss, arguing that the lawsuit was based on its exercise of the right to petition. The district court denied the motion, but the court of appeals reversed. The Supreme Court reversed, holding that USA Lending adduced prima facie evidence to support its claim for legal malpractice. View "USA Lending Group, Inc. v. Winstead PC" on Justia Law

The Supreme Court reversed the judgment of the district court granting summary judgment to Defendant, an ophthalmologist, and dismissing Plaintiff's claim of professional negligence on statute of limitations grounds, holding that the district court erred in granting summary judgment on statute of limitations grounds.In granting summary judgment in Defendant's favor the district court described the case as a medical malpractice suit that was clearly barred by the statute of limitations. The Supreme Court reversed, holding (1) Defendant waived the right to seek dismissal on statute of limitations grounds based on evidence outside the complaint, and it was not apparent from the face of the complaint that his claims were barred; and (2) therefore, the district court erred in granting Defendant summary judgment on statute of limitations grounds. View "Schuemann v. Timperley" on Justia Law

The Colorado Commission on Judicial Discipline (“the Commission”) recommended public censure and thirty-day unpaid suspension of former district court Judge Mark Thompson of the Fifth Judicial District. These sanctions stemmed from former Judge Thompson’s guilty plea to a reduced charge of disorderly conduct in Summit County District Court. Former Judge Thompson’s plea reflected his admission to having “recklessly” displayed an AR-15 style assault rifle during a dispute with his adult stepson. View "In the Matter of: Former Judge Mark D. Thompson" on Justia Law

The Supreme Court affirmed the judgment of the district court in this medical malpractice action brought by Parents against the two doctors involving in the birth and emergency care of their infant son, holding that Parents were not entitled to relief on their allegations of error.On appeal, Parents argued that the district court abused its discretion by excluding expert testimony concerning causation due to a lack of pretrial disclosure and lack of foundation and that a reasonable jury could have found in their favor of their malpractice claims. The Supreme Court affirmed, holding that the district court (1) did not abuse its discretion by excluding the expert testimony; and (2) the district court correctly directed verdicts for the defendants because Parents failed to present sufficient evidence to allow a reasonable jury to make findings in their favor on each element of their malpractice claims. View "Carson v. Steinke" on Justia Law

The Supreme Court affirmed the judgment of the superior court in favor of Defendants in this dental malpractice action following the grant of Defendants' motion for summary judgment, holding that the superior court correctly found that Plaintiff's complaint was time-barred.Plaintiff filed a dental malpractice claim against Defendants, and Defendants filed answers asserting affirmative defenses related to the statute of limitations. The superior court granted summary judgment and final judgment in favor of Defendants, determining that Plaintiff's complaint was not timely filed. The Supreme Court affirmed, holding that Plaintiff's dental malpractice claims against Defendants were time-barred. View "Smith v. Paquette" on Justia Law

Berry sued Frazier, a veterinarian, for nominal and punitive damages based on the circumstances surrounding the euthanasia of her cat. Her complaint alleged that Berry secured Frazier’s services to perform humane euthanasia on her cat. Instead, and without Berry’s informed consent, Frazier performed the euthanasia by means of an unnecessary and unjustified intracardiac injection, resulting in a horrific and painful death for her cat and great emotional distress to Berry. The trial court dismissed, without leave to amend, claims for fraud/deceit/intentional misrepresentation, conversion/trespass to chattels, intentional infliction of emotional distress, and violation of Civil Code section 3340, which allows for an award of exemplary damages for wrongful injuries to animals committed willfully or with gross negligence in disregard of humanity. Berry voluntarily dismissed the sole remaining claim.The court of appeal reversed; the complaint contained sufficient allegations to withstand demurrer to the causes of action for fraud/deceit/intentional misrepresentation, conversion/trespass to chattels, and intentional infliction of emotional distress. Berru should be allowed to allege a request for section 3340 exemplary damages in connection with other pleaded causes of action. View "Berry v. Frazier" on Justia Law