Professional Negligence Law Reporter

2016 July/August

Volume 27, No. 4

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.


  • July 26, 2016
  • August 23, 2016

Blood Bank Liability

  • Blood plasma center not liable for disclosing incorrect HIV test results


  • Negligent performance of wisdom tooth extraction

Funeral Home

  • Loss of sepulcher


  • Violation of Texas Theft Liability Act, breach of contract
  • Continuous representation doctrine did not apply to client’s malpractice suit
  • Malpractice claim accrued when criminal client filed motion to vacate sentence based on ineffective assistance of counsel
  • Summary judgment for malpractice defendant was proper where underlying case lacked merit


  • Failure to refer high-risk patient to specialist
  • Negligent performance of piriformis release surgery
  • Failure to determine cause of patient’s pain
  • Negligent repair of laceration sustained during childbirth
  • Sexual assault of patient is sufficiently outrageous to justify emotional distress claim
  • Late diagnosis, treatment of bacterial meningitis
  • Summary judgment warranted where plaintiff failed to offer expert testimony
  • Delayed, improper treatment of infection
  • Failure to follow patient to X-ray machine
  • Negligent performance of hysteroscopic procedure
  • Failure to implement proper code blue protocol
  • Negligent performance of laparoscopic hysterectomy
  • Dismissal of medical malpractice screening panel was not appealable
  • Negligent performance of elective surgery
  • Physician owed no duty to patient’s girlfriend who contracted herpes after misreported STD test result
  • Unnecessary surgery
  • Informed consent doctrine applies to surgical and nonsurgical treatments
  • Failure to identify and protect ureter
  • Late diagnosis of compartment syndrome
  • Negligent performance of lower body reconstruction

Mental Health

  • Hospital that refused voluntary admission in good faith is immune under Minnesota Commitment and Treatment Act

Nursing Home

  • Arbitration agreement signed by resident’s daughter sufficed to compel arbitration
  • Understaffing, negligent care

Physical Therapy

  • Excessive force

Residential Care

  • Fact issues existed on whether restraint hold constituted medical care