Malpractice claims affecting different professions often present common procedural rule and substantive law elements. Although standard of care evidence differs among the professions, skills learned in the defense of one profession are often transferable to others. Our firm has the ability to harness this experience in defense of professional liability claims.
Our attorneys have represented various professionals, hospitals and insurance carriers in professional negligence/malpractice claims including doctors and allied medical professionals, lawyers, insurance brokers and agents, architects and engineers, bank boards, school boards, real estate brokers and agents, information technology professionals, and all areas of miscellaneous professional malpractice and regulatory grievance matters. They have also represented various professionals in regulatory matters which have involved significant risk to the professionals’ future employments.
Architects, Engineers, Contractors: Our attorneys represent architects and engineers in the defense of claims for professional negligence including claims for construction defects arising from allegations of both defective design and construction administration, including but not limited to defective parking lots, inadequate HVAC systems, claims for mold intrusion, structural and foundation failures and wrongful death.
Health Related Professionals: Our attorneys represent attorneys, physicians, pharmacists, and other health related professionals in regulatory actions, including claims regarding dis-affiliation with governing societies such as the Mississippi Medical Association, the Mississippi Bar and the state nurses and pharmaceutical regulatory agencies.
Nursing Homes and other skilled care facilities: Our attorneys have assisted nursing homes, skilled nursing facilities, rehabilitation centers, continuing care providers and other health care facilities in claims involving abuse or neglect, dehydration, deprivation of rights, deterioration of a chronic condition, fracture or other injuries, inadequate supervision or staffing, intentional misconduct, malnutrition, medical malpractice, medication errors, negligence, slip and fall injuries, ulcers and wrongful death.
Medical Malpractice Work Examples
A sampling of recent successes includes:
- Most recently we have handled a significant medical malpractice case with allegation of which was dismissed after reaching an extremely low settlement.
- Successfully defended a chiropractor who was sued for an alleged disc injury arising from his adjustment treatments. Cross examination revealed that the Plaintiff had a congenital condition that was not caused or aggravated by the chiropractic services.
- Successfully defended physicians and hospitals and negotiated successful settlements throughout the state.
- Successfully defended Radiology Clinic which allegedly administered excessive doses of radiation during cancer treatment, injuring the spinal cord of the Plaintiff. On summary judgment, the radiology clinic was dismissed with prejudice.
- Successfully defended physician charged with mis-diagnosis of child. Proof demonstrated that physician had exceeded the standard of care and had not mis-diagnosed the illness. Jury verdict in favor of physician; zero liability.
- Successfully defended hospital and nurse on a matter of mis-diagnosis of patient. Hospital was dismissed on summary judgment. Jury verdict in favor of the nurse; zero liability.
- Successfully represented surgical attending physician even though there was some risk with the issue of standard of care. Careful cross-examination assisted with the rendering of a verdict in favor of the attending physician.
Board of Medical Licensure
- Successfully represented physician regarding allegations by the Board of improper prescribing of controlled substances and record keeping failures. Negotiated physician completing an educational course.
- Successfully obtained dismissal of charges against physician by the Board that he had violated previous orders concerning his prescribing practices.
- Obtained dismissal of charges against acupuncturist that she had advertised services that she was incapable of providing or authorized to provide.
Board of Nursing
- Represented nurse in regard to investigation by the Board concerning an alleged dependency, and convinced Board there was no basis for bringing charges or imposing sanctions.
- Successfully represented nurse in dismissal of claims by Board that she had altered medical records and failed to cease administering previously prescribed medications.
- Successfully represented nurse in Board investigation of her handing of prescription medications. No charges filed.
- Successfully represented nurse in investigation that she used her position as a Licensed Practical Nurse to obtain a narcotic for herself. The Board did not proceed with any claim against the nurse.
Attorney Malpractice Work Examples
One of our members has served as a member of the Character and Fitness Committee of the Mississippi Board of Bar Admissions for seven (7) years, including one (1) year as chair, and participated in numerous investigations and hearings concerning the character and fitness to practice law of applicants for the Mississippi Bar.
Errors and Omissions
Our firm is experienced in handling errors and omissions defense, as well as sub-parts thereof. Examples of our experience include:
- Successfully represented estate in positive settlement of claim against attorney drafting will and his consulting accountant asserting that professionals had had a conflict of interest with representing beneficiary and failed to properly provide for testator’s instructions.
- Successfully represented attorney in claims with his professional liability carrier and title insurance carrier concerning claims that he had been negligent in certifying real estate titles and having deeds of trust executed and filed.
- Successfully represented applicants for admission to The Mississippi Bar before the Board of Bar Admissions in regard to character and fitness issues, including allegations of “client stealing” by former firm in Louisiana and personal financial issues.
- Successfully represented client in action against prior attorney for malpractice and fraud connected with previous bankruptcy representation and subsequent criminal prosecution. Obtained settlement favorable to client.
- Successfully represented client in dispute with previous law firm over fees due and damage done to client by law firm due to its actions during and after his representation. Negotiated minimal settlement of amounts claimed due by law firm.
- Successfully represented client in opposing claims against her personally for fees by law firm arising out of estate in which client was executrix. Negotiated a dismissal with prejudice of all law firm claims against the client without further payment.
- Successfully represented clients in withdrawals from their previous law firms and the winding up of the affairs of the firms related thereto.
- Successfully represented client in setting aside judgment entered against her as a result of the negligence and actions of her previous attorney.
Accounting Malpractice Work Examples
- Successfully represented accounting firm in involuntary withdrawal of principal partner due to wrongdoing by the partner.
- Successfully represented accounting firm on several occasions in response to subpoenas for documents and in asserting accountant/client privilege.
- Successfully represented accounting firm in regard to the enforcement of non-compete agreement with previous partner who had been bought out.
- Successfully represented accountant and client in estate matter where certain beneficiary charged wrongdoing in administering estate.
Engineers and Architects Work Examples
- Successfully represented engineering firm in claims by contractee that it had improperly designed a manufacturing system. Engineers agreed to a small reduction in fee and client paid the substantial balance due.
- Successfully represented engineering firm in action by State and Architect that engineering firm had provided inadequate and inoperable design of air handling equipment in a laboratory. Obtained dismissal of claim against engineers.
- Represented architect in its claims for fees and counter-claim for inadequate design of building related to a casino development in Biloxi, Mississippi. Matter was successfully moved to arbitration and architect prevailed as to issues.
- Successfully represented architect in lien claim against casino project in Mississippi. Lien was satisfied by owner.
- Involved in current defense of homeowner’s claim for water intrusion on custom $30 million estate with claims of defective design, defect construction administration and defective stone installation.
- Successfully defended geotechnical engineer in parking lot failure case due to the alleged presence of “Yazoo clay.”
- Successfully defended architect in claim of negligent construction administration by local county nursing home.
- Involved in pending arbitration with claims for defective design and construction administration of two Section 8 apartment complexes which have resulted in two other matters due to resident children falling out of windows.
Broker Malpractice Work Examples
- Our lawyers also have facility with accounting aspects which tend to assist us to defend E&O clients, particularly in the area of mortgage brokerages, bankers, insurance brokers, security brokers and the like. We have lawyers who are qualified by FINRA as arbitrators and mediators and the experience of this work is a great asset with securities issues.
- Successfully defended insurance broker who was lied to in taking an application for insurance. Our firm was able to successfully prove perjury by applicant. Plaintiff lawyer withdrew from representing perjurer and case was dismissed.
- Successfully represented two (2) securities salesmen in negotiating a favorable result of a fine and future limitations from the Secretary of State’s securities division.
Trustees and Fiduciaries Work Examples
- Successfully obtained summary judgment in favor of bankruptcy trustee for claims by bonding company of debtor in bankruptcy that trustee had failed to perform his duty and had wrongfully failed to pay taxes which insurance company was forced to pay. Established that bonding company was not liable for taxes and had paid claims of taxing authority voluntarily.
- Acted as special counsel to receiver in receivership action involving apartment complex in North Mississippi and succeeded in achieving an agreed profitable sale of the property and an agreed distribution of the proceeds satisfying all claims. The matter also involved a favorable resolution of tax sale claims by the City, County and Secretary of State.
- Acted as bankruptcy trustee or attorney for the trustee in numerous matters, including the recovery of preferences and fraudulent conveyances.
Representative clients include
- P. C.
- Epic Systems
- Cunningham, Hamilton, Quiter PC
- Medicus Insurance (Norcal)
- Western Litigation
- Doctors & Surgeons RRG
- Gilmore Memorial Hospital
- Medical Assurance Company of Mississippi
- Columbus Radiology Clinic
- Columbus Women’s Clinic
- Mississippi Neurosurgery
- as well as a number of clients whose names cannot be revealed as a matter of privilege