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Posts from the ‘Medical Malpractice’ Category


Mental Health Professionals Now Subject to Expanding Tort Liability

Worried female psychiatrist speaking to client
A recent Supreme Court ruling extends psychiatrists’ duty to people harmed by their client even if the client never mentioned a threat.

Worried female psychiatrist speaking to clientThe Washington Supreme Court recently extended the potential duty a psychiatrist owes to people harmed by their outpatient clients. In Volk v. DeMeerleer, 187 Wn.2d 241, 386 P.3d 254 (2016), the Court extended this potential duty to protect despite the absence of any threat to others made by the patient to the psychiatrist. This decision may have detrimental, long-lasting consequences for mental health professionals in Washington. Read more »


Emerging Regional Consensus: Prohibiting Indemnification by Plaintiffs’ Counsel

law books
Rules in Washington and other northwest states protect settling defendants from outstanding Medicare liens.

Law booksIn 1997, the Bar issued ethics advisory opinion No. 1736, addressing whether a claimants’ counsel could indemnify a settling defendant to protect the defendant from outstanding liens that might encumber the settlement. The Bar concluded that the answer was “no” because that would constitute a form of financial assistance beyond the narrow parameters of the rules of professional conduct 1.8(e). Read more »


What’s the Statue of Limitations on Minor Medical Malpractice Claims?

medical malpractice
Learn how Schroeder v. Weighall, M.D. impacts med-mal claims by minors.

medical malpracticeA minor’s medical malpractice claim has traditionally been subject to the same statute of limitation requirements as that of an adult. However, the recent Washington Supreme Court decision of Schroeder v. Weighall, M.D., et al., has declared RCW 4.16.190(2) unconstitutional.

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