Category Archives: Malpractice

Legal Malpractice

Resolved claim against firm for missing deadline to respond to adversary’s motion for summary judgment on defensible claim, resulting in damages of $2,000,000.

Malpractice — Errors & Omissions

Resolved dispute between Owner General Contractor of shooting gallery and Engineer reading representations about sound levels

Medical Malpractice

Resolved claim involving allegations of malpractice related to vasectomy with complications leading to testicular removal and hypogonadism

Malpractice — Legal

Resolved complex claim against Real Estate counsel for deficiencies in cross-collateralization agreements related to multiple transactions over several years.

Legal Malpractice

Resolved multi-million claim by business owner against his tax attorneys and accountants for incorrect advice on tax structure for $30 million transaction

Malpractice — Accounting

Resolved claim by client against its accounting agency/auditor for failure to detect large-scale fraud perpetrated by manager over course of many years.

Insurance — Failure to Procure

Resolved multi-million dollar claim by Hotel owner against insurance broker for failure to obtain lost income and soft cost coverage for losses when construction issues cause two year delay in project.

Malpractice — Insurance Broker

Resolved claim by insured agent against broker for failing to obtain identical coverage on second business operation as broker obtained for original operation, resulting in large uncovered losses after a fire.

Accounting Malpractice

Resolved case in which accountant for religious organizations invested — and lost — millions of dollars in trust assets into accountant’s housing development project.

Malpractice — Accounting

Resolved claim by national company against its accountant for not addressing multi-million dollar sales tax liability in multiple states.

Medical Malpractice

Plaintiff sued pathologist for missed diagnosis of cancer, resulting in two-year delay in treatment which allegedly brought his survival rate from 75% to 25%

Malpractice (Accounting)

Resolved claim by business for large embezzlement losses against accoutant firm for not relaying “red flags” field accountant had detected for many years.

Malpractice (Real Estate)

A real estate broker is sued for an oral representation of acceptance of an offer to purchase. The owner accepts, in writing, an offer for more money one day after the broker’s representations to the potential buyer.

Malpractice (Podiatrist)

A case filed against a podiatrist who performed Bunion surgery. The patient had a stress fracture that later required a fusion surgery. The patient now complains of chronic pain. The issue is whether the patient gave an informed consent. The medical review panel gave a unanimous opinion for the physician.

Malpractice (Pharmacist)

In a negligent prescription case against a pharmacist, the issue is whether eleven days of excessive dosage caused the injuries alleged. The patient fell and suffered a broken rib and excessive diarrhea.

Malpractice (Medical)

Allegations by patient of inappropriate sexual relationship/assault by psychiatrist.

Malpractice (Medical)

Legal malpractice claim involved case within-the-case as to whether specialist in ophthalmic pathology was negligent for failing to discern that retinoblastoma had invaded the choroidal.

Malpractice (Medical)

Seventeen-year-old female suffered eclamptic seizures which allegedly went untreated and uncontrolled by emergency room doctors and staff. The woman became unresponsive, comatose and she aspirated because she was not intubated. At the same time, her son allegedly went from normal fetal heart tracings to being severely bradycardic and was delivered with profound and severe brain […]

Malpractice (Medical)

Thirty-two-year-old female died following the cesarean delivery of her son. Her death was allegedly due to the failure of the anesthesiologists to intubate and to recognize hypoxia. The son was born with low APGARS and developed seizures and developmental delays. A settlement was made with some of the medical care providers and plaintiff husband and […]

Malpractice (Medical)

Nursing care at issue in case against a hospital. The patient alleges that decubitus ulcers, sepsis, and a significant number of other health problems were a direct and proximate result of the care. This involves an elderly patient, a wrongful death claim and an elderly wife’s consortium claim.

Malpractice (Legal Medical)

Resolved suit alleging that firm representing seriously injured motorcycle victim negligently failed to sue State with respect to a dangerous bridge condition.

Malpractice (Legal Medical)

Attorneys failed to bring action against Kentucky physician within one year statute of limitation necessary to perserve parents’ claim for loss of consortium claims from date of minor child’s death to his majority. Indiana action against other physician had been settled for statutory cap.

Malpractice (Legal Medical)

The case of a 10-month delay in the diagnosis of lung cancer piqued a discussion of the loss of chance doctrine, sec. 323 restatement of torts. The tumor was revealed on an x-ray for orthopedic problem, but the radiologist not looking for problems associated with the lung did not discover the mass. The oversight was […]

Malpractice (Insurance Agent)

A medical doctor paid out over $30,000 for an employee’s workers compensation claim including treatment the doctor provided in his office. The insurance company denies coverage because workers compensation coverage was never put in force. The doctor asserts a claim against his for the failure to provide this insurance coverage. The allegation is that the […]

Malpractice (Dental)

Medical review panel says standard of care met. Two independent medical review doctors find there was failure to meet standard of care. The case involved the care of a brittle diabetes patient upon whom oral surgery was performed. The patient’s blood sugar count spiked resulting in a hospitalization. A very difficult issue in this case […]

Malpractice (Chiropractor)

The claim is that a positive vascular sufficiency exam should have warned the chiropractor of potential stroke if cervical adjustments are done. The doctor proceeds with cervical adjustments and the plaintiff later suffers two debilitating strokes.

Malpractice (Attorney)

A lawsuit by plaintiff alleges that the defendant was diverting funds to avoid payment for goods. Additionally, the plaintiff alleges that defendant filed an improper artisan’s lien resulting in a slander of title. The defendant joins his legal counsel in the case regarding the filing of the lien.

Malpractice (Architect)

An insurance company brings a subrogation action against an architect who advised the owner of a vacant building. At issue is the architect’s advise regarding the effective winterization of the building. The insurance company had paid a casualty loss of $216,000 as a result of burst water pipes and resultant damages. The architects deny liability […]

Malpractice (Accountant)

Claim by parent corporation against accounting firm of subsidiary alleging improper audit procedures which failed to uncover long term fraud scheme resulting in losses of $8 million.

Malpractice (Accountant)

Claim brought by teacher association on behalf of its members against its auditor and claimed less of $70 million of fund assets.

Financial Institutions

Principals of a mortgage brokerage company were convicted of diverting monies from a loan escrow account. The lenders deposited funds to be disbursed pursuant to HUD closing statements in an escrow account of the law firm with Bank “A”. The law firm, allegedly negligently, forwarded these funds directly to the mortgage brokers, a principal of […]

Construction (Architect), Malpractice

Claims related to $200 million residential/commercial development project at Notre Dame University.

Malpractice (Legal), Patent

$20 million claim against major patent firm alleging failure to protect significant patents in Europe

Malpractice (Accounting)

$80 million claim against major accounting firm stemming from bankruptcy of pension fund

Malpractice (Legal)

$30 million claim against major law firm alleging conflict of interest

Malpractice (Legal)

$100 million claim against major law firm representing client who created ponzi scheme against NFL players and other high-profile investors

Malpractice (Accounting)

$200 million claim against major accounting firm for failure to detect major fraud scheme through its audit procedures