Please ensure Javascript is enabled for purposes of website accessibility
Home>standard of care

standard of care

Jun 12, 2012

Attorneys – Tort/Negligence – Legal Malpractice – Standard of Care – Bankruptcy – Damages

Miller v. Orcutt The standard of care for a bankruptcy attorney is the same in the Western District of North Carolina as it is in the Eastern District of North Carolina; therefore, the plaintiff-clients could present the testimony of a bankruptcy attorney from the Western District to establish the standard of care in a legal malpractice case against a bankruptcy attorney in the Eastern Di[...]

Jan 19, 2012

Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict

Day v. Brant Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a patient’s survival changes was “speculation”, the expert’s testimony as a whole was sufficient to get to the jury on the issue of proximate cause. We reverse the trial court’s grant of a directed verdict for defendants.

Nov 15, 2011

Tort/Negligence – Medical Malpractice – Standard of Care – Expert Witness – Complicated Procedure

Crocker v. Roethling An obstetrician from a large hospital in a large metropolitan area of Arizona was properly rejected as an expert witness when he would have testified that the defendant-doctor — in a much smaller hospital — should have performed a complicated procedure, which the witness had never performed himself nor seen performed. We affirm summary judgment for defendant.

Oct 28, 2011

Unhappy client wins million-dollar judgment against his lawyer

When Jack Tuttle bought a tree-mulching machine for his land-clearing business in 2005, and had nothing but problems with it, he sought to return the machine and get his $300,000 back. He tried negotiating with the company, South Carolina-based Gyro-Trac, but to no avail, so he hired Charleston attorney Robert Lowe to help him. Three years later and on the eve of trial, Tuttle was still out hi[...]

Apr 21, 2011

Attorneys – Tort/Negligence – Legal Malpractice – Standard of Care – Statute of Limitations – Damages

Chase Development Group v. Fisher, Clinard & Cornwell, PLLC. (Lawyers Weekly No. 11-07-0395, 22 pp.) (Sanford L. Steelman Jr., J.) Appealed from Guilford County Superior Court (Catherine C. Eagles, J.). N.C. App. Click here for the full text of the opinion. Holding:  Even though the defendant-law firm contends that the last act that could have […]

Jan 6, 2011

Tort/Negligence – Summary Judgment – Causation – Respondeat Superior – Nursing Staff – Standard of Care

Perry v. Presbyterian Hospital. (Lawyers Weekly No. 11-07-0015, 15 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Richard D. Boner, J.) N.C. App. Click here for the full text of the opinion. Holding: Even if a plaintiff is unable to establish that a physician was an agent of the defendant-hospital when there is […]

Dec 1, 2010

Attorneys – Tort/Negligence – Legal Malpractice Claim – Standard of Care – Ethics Professor – Professional Conduct Rules – Breach of Fiduciary Duty – Interference With Prospective Economic Advantage

Inland American Winston Hotels, Inc. v. Winston. An ethics professor who has no experience in commercial real estate and who has never been licensed to practice in North Carolina is not qualified to testify as to the standard of care applicable to the . . .

Jul 25, 2010

Tort/Negligence – Medical Malpractice – Standard of Care – Proximate Cause – Civil Practice – Directed Verdict

Day v. Brant. (Lawyers Weekly No. 10-07-0662, 27 pp.) (Martha A. Geer, J.) Appealed from Iredell County Superior Court. (Chris M. Collier, J.) N.C. App. Holding: Even though plaintiffs’ proximate cause expert agreed on cross-examination that assigning percentages to a patient’s survival changes was “speculation”, the expert’s testimony as a whole was sufficient to get[...]

Top Legal News

See All Top Legal News

The Power List

Commentary

See All Commentary