Professional Liability

Professional Liability

Tyson & Mendes has represented all types of professionals throughout the United States. We have successfully defended accountants, attorneys, architects, doctors, engineers, and real estate and insurance professionals, among others.

We provide personal, quality representation to our professional clients in a cost-efficient manner. We have developed the expertise, as well as a network of highly qualified experts, necessary to evaluate and defend such cases. By making our professional clients an integral part of our litigation strategy, we apply our specialized knowledge and experience to the successful defense of professionals through trial.

Tyson & Mendes has also taken a leading role in professional liability issues, regularly lecturing and publishing on malpractice and loss prevention topics for a variety of professionals. Founding partner Robert Tyson is a former member of the California State Bar Committee on Professional Liability Insurance and chairman of the San Diego County Bar Association’s Financial Professionals Liaison Committee. Tyson & Mendes is also a member of numerous professional organizations and is actively committed to the education and defense of professionals across the nation.

Professional Liability Articles:

Clients Must Always Be Prioritized

Author: Michael Kutzner | February 7, 2022 11:45am
Attorneys may not disclose information relating to the representation of a client - discussions with a client are privileged.  In the case discussed below, a court found a lawyer need not even know his/her intentional acts violated the Rules of Professional Conduct to be held accountable. 

Medi-Cal Liens Not Preempted by Federal Medicaid Anti-Lien Statute

Author: David Kahn | October 29, 2021 9:00am
Could a Medi-Cal lien for recovery of advanced medical expenses be pre-empted by federal law?  This was the issue recently decided by the Second District Court of Appeal in L.Q. v. California Hospital Medical Center.[i]  The case involves the conflict between federal and state law on whether a state’s Medicaid program can legally claim a lien against a beneficiary’s personal injury settlement without violating the anti-lien provision in the federal Medicare Act.  The Court of Appeal reversed the trial court and held the state Medi-Cal lien was valid, allowing recovery of the portion of the settlement proceeds to be attributable to past medical care paid for by Medi-Cal.

Jury Finds San Diego Accountant Not Liable in Professional Malpractice Trial

March 11, 2019 4:46pm
SAN DIEGO (March 11, 2019) – Following a two-week trial in San Diego, a California Superior Court jury has found accountant Roy Hosaka and his firm, Hosaka Nagel & Co., not liable in a $2 million malpractice case. Tyson & Mendes attorneys Dan Fallon and Garry McCarthy represented Mr. Hosaka and Hosaka Nagel & Co. in the high-stakes professional malpractice case, which alleged fraudulent nondisclosure and breach of fiduciary duty.

Exploring the Defense Arsenal: How to attack inflated damages in professional malpractice and catastrophic injury cases

Author: Daniel Fallon | September 25, 2018 8:56am
CLM – September 10, 2018 With the rising costs of medical, rehabilitation, and long-term care, the increase in special damages can be exponentially impactful to jury verdicts and settlements. The gross exposure from cases not only affects carriers, but also creates concerns for policyholders relative to policy limits, premiums, and professional reputations. READ MORE HERE | DOWNLOAD ARTICLE

When May a Defendant Obtain Certiorari Review of Discovery Order?

Author: Damian M. Fletcher | November 5, 2017 10:42am
In this wrongful death case brought against two pharmacies, the plaintiff alleged a woman died of multiple drug toxicity due to the alleged negligence of the pharmacies in dispensing prescription medication. The allegation was that Walgreens had filled approximately 275 different prescriptions issued by 18 different physicians, and that CVS filled approximately 95 different prescriptions issued by 10 different physicians. Many of the prescriptions were narcotics.
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