850 Shades Creek Parkway, Suite 310
Birmingham, Alabama 35209
(205) 939-0090
Current Cases of Interest
Regions Financial Corporation Shareholder Derivative Litigation Louisiana Municipal Police Employees' Retirement System, et al v. Dowd Ritter, et al, (Jefferson County Circuit Court, CV 09-901494):
Our firm is co-lead counsel for the shareholders in a claim against current and former directors and officers of Regions Financial Corporation for fraudulent statements concerning the company's finances, breach of fiduciary duties, excessive executive compensation and gross mismanagement of company.
Automobile Dealer Litigation Against Suzuki Motors -- D2K v. American Suzuki Motors (US District Court, Northern District of Alabama, CV-09-S-2436-NE ): Plaintiff, a former Suzuki automobile dealer, has filed an action against its manufacturer based upon an unlawful scheme which required its dealers to falsely report automobile sales, as well as an arbitrary and unlawful vehicle allocation system
The firm is currently litigating defective construction claims on behalf of homeowners, which involves the installation of defective Chinese drywall.
The firm is litigating a insurance coverage dispute on behalf of a homeowner against her insurer for its bad faith failure to properly investigate and pay the insured's claim under her homeowner's policy.
The firm has instituted a shareholder derivative action on behalf of a minority shareholder, alleging claims for oppression and squeeze out by the majority directors/shareholders of the corporation.
The firm is litigating a claim against a bank by a former customer regarding the release of confidential financial records, and against the executives of the bank for usurping business opportunities of the customer.
Newsletters
Retained Foreign Bodies and Medical Malpractice
Retained Foreign Bodies and Medical Malpractice
Negligent Selection and Retention of Physicians
Negligent Selection and Retention of Physicians
Wrongful Birth
Wrongful Birth
Claims Based on Fraud and Deceit
A physician and his patient are in a relationship based on the patient's trust and confidence in the integrity and good faith of the physician. Therefore, in many states a physician is held to a higher standard in his actions towards the patient, and if he or she breaches that standard, the patient may maintain a claim for fraud or deceit. However, claims for fraud or deceit may be subject to the terms of a state's medical malpractice statute.
Aggravation of Injuries in Medical Malpractice Cases
What happens if, after a patient has been injured by the negligence of a physician, he or she goes to a second physician for treatment of the injury caused by the first doctor, and the injury is aggravated by the negligence of the second doctor? The answer may be surprising. Generally, the rule is that the first physician whose negligence caused injury is also liable for additional injury later caused by the negligent treatment that the patient received from the second physician, provided that the patient used ordinary care in selecting the second physician. The patient is not obligated to find the best physician available, but is only required to act with due care and good faith in selecting the second physician. Therefore, a negligent doctor is liable not only for the injury caused by his own acts but is also liable for any additional harm resulting from the manner in which reasonably required medical services are rendered.
