Professional Negligence Law Reporter

2016 September/October

Volume 27, No. 5


  • September 27, 2016

Assisted Living

  • Failure to timely check on resident


  • Patient’s fraud claim did not require expert affidavit
  • Malpractice claims accrued when dentist performed the first allegedly negligent treatment

Foster Care

  • Failure to investigate foster parent, adequately supervise children

Funeral Home

  • Ecclesiastical abstention doctrine prohibited court’s consideration of misrepresentation claims against funeral home


  • Attorney may be liable for failing to authenticate victim’s age in underlying child sexual assault case


  • Unnecessary surgery
  • Improper response to complications following breast reconstruction
  • Negligent performance of hip replacement surgery
  • Negligent administration of methadone leads to fatal collision
  • Failure to treat coronary artery disease
  • Failure to discontinue blood thinner
  • Inadequate treatment of postsurgical infection
  • Late diagnosis, treatment of meningitis
  • Negligent blood draw
  • Delayed diagnosis of appendicitis
  • Florida anti-dumping statute does not require patient transfer
  • Roux-en-O misconstruction
  • Failure to screen gestational carrier adequately
  • Misdiagnosis of multiple myeloma
  • Negligent performance of D & C
  • Late diagnosis of cauda equina syndrome
  • Failure to continue Heparin monitoring
  • Negligent removal of part of median nerve during surgery

Mental Health

  • Hospital operator not liable to victims of patient released after 24-hour observation

Nursing Home

  • Failure to use Hoyer lift
  • Arbitration agreement signed by resident’s son did not warrant compelled arbitration of wrongful death claim
  • Inadequate transfer assistance


  • Improper treatment of infected heel ulceration

Real Estate

  • Negligence action against appraiser accrued when appraisal was completed

Veterinary Medicine

  • Suit by claimant injured by sedated horse constituted professional, not ordinary, negligence action