Professional Negligence Law Reporter | The American Association For Justice

Professional Negligence Law Reporter

2019 March/April

Volume 38, No. 2

The Professional Negligence Law Reporter features verdicts, settlements, and court decisions in the field of products liability. It is published six times annually. Members also receive a monthly e-newsletter containing news stories, additional case reports, reports of government regulatory actions and product recalls, and links to recent articles published in the media and scholarly journals.


  • March 19, 2019

Assisted Living

  • Failure to assist resident


  • First Amendment does not preclude plaintiffs’ negligent supervision claim against diocese and bishop
  • Diocese may be liable as parish’s alter ego


  • Failure to diagnose tooth decay before cementing bridge
  • Negligent performance of unnecessary root canal
  • Negligent placement of dental implants
  • Negligent administration of Marcaine

Emergency Medical Services

  • Failure to monitor patient


  • Exemption to certificate of merit requirement inapplicable to suit involving employee-engineer’s alleged negligence

Home Health Care

  • Inadequate treatment of pressure sore


  • Legal malpractice tolling rule inapplicable to suit against public adjuster


  • Parents’ negligence action against attorney handling termination proceeding may go forward
  • Legal negligence suit may proceed despite failure to appeal underlying dismissal
  • Criminal client must prove exoneration before bringing malpractice action
  • Failure to retain damages expert, perform proper discovery


  • Failure to timely diagnose, treat heart attack
  • Failure to rule out infection
  • Negligent performance of ankle replacement
  • Failure to prescribe anticoagulant
  • Failure to diagnose uterine cancer after hysterectomy
  • Failure to diagnose, treat pulmonary embolism
  • Failure to prevent pressure sore
  • Failure to timely diagnose, treat Crohn’s disease
  • Trial court erred in instructing jury on emergency doctrine
  • Summary judgment proper where plaintiffs failed to provide standard of care evidence

Mental Health

  • Negligent prescription of Depakote to patient who could become pregnant
  • Failure to provide psychiatric meds, medical care