Professional Negligence Law Reporter

2017 March/April

Volume 28, No. 2

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.


  • March 28, 2017
  • April 25, 2017


  • Sexual abuse of minor


  • Failure to guard patient’s throat during tooth extractions

Emergency Medical Services

  • Unnecessary, improper intubation

Home Health Care

  • Failure to check water temperature


  • Failure to send complete settlement proceeds
  • Attorney’s failure to pursue child support did not constitute malpractice
  • Criminal client who entered no contest plea cannot assert malpractice claim against former attorney


  • Negligent shoulder surgery
  • Mishandled shoulder dystocia
  • Patient’s pauper status negated obligation to post surety bond for previous costs of medical review panel
  • Negligent administration of fluids
  • Claim against practice of physician who altered prescription sounded in ordinary negligence
  • Failure to timely diagnose breast cancer
  • Alleged use of incorrect suture was medical, not ordinary, negligence
  • Negligent performance of hand surgery
  • One-year limitations period applied to claim brought by hospital patient injured during transfer
  • Misplacement of pedicle screws
  • Failure to secure surgical specimen
  • Negligent performance of therapeutic injection
  • Overprescription of Simvastatin
  • Improper postsurgical monitoring
  • Hospital staff who acted under physician’s direction were not liable for malpractice
  • Lack of informed consent
  • Language expert could not testify defendants had acted below the standard of care in treating patient with limited English

Nursing Home

  • Presentation to medical review panel unnecessary for claim alleging failure to properly secure wheelchair monitor
  • Alleged failure to use bed rails raised triable issue of fact
  • Successor agent’s signature on admission agreement warranted arbitration of survivorship, but not wrongful death, claims
  • Arbitration agreements still enforceable even though attorney fee provision is not
  • Failure to elevate bed before and after tube feeding

Physical Therapy

  • Improper supervision


  • Failure to assess gastric residual volumes, transfer to hospital

Social Work

  • Failure to report, properly investigate abuse