There are various sorts of insurance coverage product within the worldwide market which are designed to guard corporations, and their employees towards claims of negligence and malpractice; Professional Indemnity Insurance and Directors and Officers Insurance are two prime examples of these policies. The problems here are huge lawsuits, which cause malpractice insurance coverage to price some docs $eighty,000 per year, and much worse, makes docs order millions of unnecessary (and invasion and painful) exams and procedures to maintain from being sued; that insurance coverage corporations will not be allowed to compete throughout state strains, drastically reducing competition; and that the federal government sets the price of over 800 medical procedures, thus enterfering with the free market.
For close to 10 years, Michael Lesage has prosecuted instances of legal malpractice in Canada and the US. These authorized malpractice settlements have ranged from legal professionals missing the statute of limitations to lawyers who’ve didn’t advise their consumer, to a truly memorable case where another lawyer thought it could be a good idea to start up a enterprise in direct competitors to his present shopper (and utilizing the identical title).
However, in Hughes, the Texas Supreme Court established an equitable tolling rule for the statute of limitations in authorized malpractice cases: When an attorney commits malpractice within the prosecution or defense of a claim that results in litigation, the statute of limitations on the malpractice claim against the legal professional is tolled until all appeals on the underlying declare are exhausted.” 821 S.W.2d at 157.
This state of affairs usually arises with the running of the statute of limitations (the place the client timely reported a possible basis for a lawsuit to the legal professional and subsequently licensed its filing, but the attorney didn’t well timed put together and file the grievance) however can even arise within the context of failing to answer dispositive motions filed by the opponent or failing to well timed file a notice of attraction.