Professional Negligence Law Reporter

2017 September/October

Volume 36, No. 5

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.


  • September 26, 2017


  • College’s claims against auditor barred under in pari delicto doctrine


  • Attorneys owe no duty to prospective beneficiaries of undrafted wills


  • Late diagnosis of pilonidal abscess
  • Failure to remove suture, needle fragments during surgery
  • Failure to offer cesarean section
  • Failure to timely diagnose compartment syndrome
  • Late diagnosis of breast cancer
  • Unnecessary laparotomy
  • Negligent discontinuation of Coumadin
  • Failed anastomosis
  • Late diagnosis of Wilson’s disease
  • Late diagnosis of infection
  • Sexual battery during gynecological exam
  • Failure to timely reposition patient
  • Use of excessive force during delivery
  • Failure to diagnose, treat newborn jaundice
  • Battery suit could proceed where VA hospital administered morphine despite patient’s known allergy
  • Failure to work up patient after abnormal X-rays
  • Failure to timely diagnose, treat Guillain Barré syndrome
  • Failure to identify possible child abuse
  • Negligent performance of laparoscopic cholecystectomy
  • Negligent performance of surgery

Mental Health

  • Failure to prevent, diagnose lithium toxicity
  • Negligent diagnosis, treatment
  • Trial court erred in reversing verdict for plaintiffs in premature psychiatric discharge case
  • Sexual assault at inpatient facility

Nursing Home

  • State owed no duty to victim of sex offender
  • Arbitration clause’s attorney fee provision violates public policy but does not render agreement unenforceable
  • Failure to prevent, treat pressure sore
  • Home failed to prove validity of arbitration agreement
  • Gross understaffing

Physical Therapy

  • Patient’s claim against rehabilitation facility subject to presuit requirements for malpractice actions