Professional Negligence Law Reporter

2016 November/December

Volume 27, No. 6

The Professional Negligence Law Reporter covers the latest legal developments concerning negligence by health care providers, accountants, lawyers, securities brokers, and many other professionals. It features verdicts, settlements, and court decisions. PNLR is published six times annually. Members also receive a monthly e-newsletter containing news stories, additional case reports, and links to recent articles published in the media and scholarly journals.


  • November 22, 2016


  • Sexual assault of minor


  • Failure to use dental dam during root canal

Emergency Medical Services

  • Driving to accident victim does not constitute provision of professional services

Funeral Home

  • Negligent handling of baby’s remains


  • Malpractice insurer entitled to policy rescission where partner lied on insurance application


  • Malpractice claim arising out of faulty prenuptial agreement accrued on client’s wedding date


  • Failure to refer patient to neurologist
  • Failure to diagnose liposarcoma
  • Limitations period for parents’ sexual assault claims against children’s doctor accrued on date of last alleged molestation
  • Late response to urological emergency
  • Expert report required in case alleging res ipsa loquitur
  • Mishandled broad complex tachycardia during surgery
  • Lack of informed consent for eyelid reconstruction
  • Defendant doctor’s suicide does not justify sanctions based on destruction of evidence
  • Specialists had no general duty to diagnose patient’s medical condition
  • Negligent performance of laparoscopic cholecystectomy
  • Failure to monitor patient’s sodium levels
  • Failure to monitor, fix leaking tracheostomy tube
  • Trial court wrongfully precluded expert testimony on maternal forces of labor as cause of child’s brachial plexus injuries
  • Negligent laser surgery
  • Overuse of contrast dye
  • Misprogrammed implantable cardioverter defibrillator
  • Negligent use of forceps
  • Inmate’s suit accrued at the end of outside providers’ treatment

Nursing Home

  • Failure to properly treat pressure sores
  • Negligent removal of surgical skin staples
  • Unauthorized arbitration agreement was unenforceable


  • Custodial relationship required for liability under elder abuse law

Real Estate

  • Licensed surveyors are professionals for purposes of negligence suit


  • Failure to timely transfer patient to hospital emergency room