Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Baker Donelson's attorneys are often called upon to represent doctors, accountants, architects, engineers and lawyers facing professional malpractice claims with the potential to jeopardize our clients' reputations and professions. The Firm is retained directly by these clients, and in other instances, by their insurers. Professional liability cases handled by the Firm generally involve large financial exposure and sophisticated legal and technical issues. Our services in this area include not only the defense of professional liability claims, but also advice on disciplinary and licensure matters.

Representative Matters

• 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.
• Represented an accounting/investment services firm and one of its investment advisors in a large negligence/inappropriate investments claim, which was subject to arbitration pursuant to the Commercial Rules of the American Arbitration Association. The plaintiff was an elderly woman who had inherited a large sum of money from her father. In early 1999, she entrusted all of the funds with the client's investment advisor, who allocated most, if not all of it, to Internet and technology stocks. After the stock market crash in March of 2000, the plaintiff lost approximately 60 percent of her capital. After assertion of comparative negligence principals and some aggressive discovery, the case was mediated and settled on very advantageous terms.
• 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.
• 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 two percent 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 nursing home in case alleging abuse and neglect of resident with fractured scapula and bruising. Achieved confidential settlement.
• Achieved voluntary dismissal against nursing home client in case alleging development of pressure ulcers.
• 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.