Professional Negligence Law Reporter | The American Association For Justice

Professional Negligence Law Reporter

2018 July/August

Volume 37, No. 4

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.


  • July 31, 2018


  • Summary judgment improper in negligent retention case against former bishop
  • Sexual assault during procedure


  • Dismissal warranted where plaintiff failed to offer expert who was board-certified specialist
  • Sexual assault during procedure
  • Battery


  • Malpractice insurer not liable for bad faith where insured benefitted from settlement
  • Homeowners policy did not cover funds insured lost from Madoff securities scheme
  • Bad faith failure to pay uninsured motorist benefits


  • Summary judgment improper where trier of fact must decide whether danger in underlying case was open and obvious
  • Failure to explain terms of real estate transaction


  • Failure to timely diagnose, treat portal vein clot
  • Failure to implement fall prevention measures
  • Late diagnosis of cervical cancer
  • Failure to advise patient about risk of uterine cancer
  • Failure to properly monitor patient labeled high fall risk
  • Failure to perform emergency surgery
  • Improper performance of cervical epidural injection
  • Negligent postsurgical examination
  • Certification requirements apply to medical negligence claims despite assertion of res ipsa loquitur
  • Excessive use of restraints
  • Late diagnosis of lung cancer
  • Limitations extension for minor’s cause of action does not apply to parents’ claims for medical expenses, lost income
  • Incomplete removal of Jackson-Pratt drain
  • Failure to follow protocol for suspected spinal cord injury
  • Failure to order colonoscopy
  • Failure to remain in operating room until surgery completed

Mental Health

  • Failure to prevent falls
  • Failure to implement strict fall prevention measures

Nursing Home

  • Understaffing
  • Inadequate staff training
  • Attorney in fact was authorized to enter into arbitration agreement on resident’s behalf
  • Negligence claim arising out of patient’s fall from bed not subject to malpractice claim requirements