Practices

Professional Liability

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Why Baker Donelson?

Extensive experience in all facets of professional liability defense

Represent professionals and businesses across a diverse range of industries

Nationally recognized attorneys with the experience to resolve disputes in an efficient and cost effective manner

Practice Overview

When doctors, accountants, architects, engineers and lawyers face professional malpractice claims with the potential to jeopardize their reputation and profession, they need experienced counsel to guide them through the issues. Our team of attorneys have decades of experience handling professional liability cases that involve large financial exposure and sophisticated legal and technical issues. In addition to defending professional liability claims, we also advise on disciplinary and licensure matters.

One of our key strengths lies in our experience representing both insurers, and in other instances, their insureds. We understand the drivers on both sides of the relationship – the need to limit exposure, to be cost effective, and at the same time, to preserve professional reputation. We aim to limit exposure and resolve disputes in an efficient and cost-effective manner, which often starts when a claim first comes to light.

Successfully represented environmental protection consulting business before the board that registers professionals qualified to work in their field. Three employees working under a multi-million dollar contract received complaints for practicing without a license. Persuasive letters from Baker Donelson convinced the board to extend a statutory exemption for federal employees to our clients
Successfully defended individual and corporate defendants in federal and state cases alleging securities fraud, misrepresentation and breach of contract.
Successfully defended an insurance broker in an action brought by a security company that claimed its broker and agent had failed to place proper coverage. The security company had been sued by an individual who was attacked and raped at a location where the security company's officer was on duty. The security company's insuror denied the claim based on exclusions in the policy. The security company then sued the insurance agent and broker who placed the policy. We were successful in establishing that the insurance broker was not liable for the terms of the policy, and that the insurance broker could not be liable for damages suffered by the security guard company in the underlying suit.
Defended attorney from claims that he failed to file suit and then represented to client that suit actually had been filed. Case ultimately was resolved in private mediation for well below the settlement authority and without these allegations being made a part of the public record.
Represented securities brokerage firm in customer dispute involving over $1 million whereby customer alleged suitability and fraud claims.
Defended cardiovascular surgeon in case alleging negligence in performance of open heart surgery on infant patient who suffered brain damage and permanent disability. Won defense verdict.
Defended OB-GYN physician in suit filed on behalf of plaintiff who suffered uterine rupture and was in persistent vegetative state after delivering a deceased baby. Settlement reached with the co-defendants; settlement for our client was for less than 2% of the total.
Defended community hospital in emergency room nursing negligence case, seeking compensatory damages in excess of $2 million and punitive damages in excess of $5 million arising out of alleged failure to diagnose and treat related bowel and bladder complications. Jury returned defense verdict.
Defended community hospital in wrongful death and EMTLA case seeking compensatory damages in excess of $1 million and punitive damages in excess of $3 million arising from the delivery of still-born fetus after discharge of patient from hospital emergency room. Significant alteration of medical records claims also were asserted. Negotiated nominal settlement.
Defended law firm against claims of improper performance of due diligence related to a corporate merger.
Successfully defended general surgeon in case involving alleged permanent damage to vocal cords during thyroidectomy.
Successfully represented internal medicine physician in trial alleging improper administration of medicine causing kidney failure.
Represented medical director of nursing home in suit alleging abuse and neglect, malnutrition, dehydration and other injuries. Negotiated settlement by nursing home and dismissal of physician client.