News & Insights

Medical Malpractice in Disguise: Causes of Action and Techniques Used by the Plaintiffs’ Bar to Avoid Tort Reform Limitations

March 13, 2018

Named to CLM’s prestigious list of “Women to Watch,” litigator Constance Endelicato will join a panel of thought leaders to explore “Medical Malpractice in Disguise: Causes of Action and Techniques Used by the Plaintiffs’ Bar to Avoid Tort Reform Limitations” at the CLM Annual Conference in Houston this week. Endelicato, a partner at WSHB, will join J. Thaddeus Eckenrode, Gina Harris from ProAssurance Corporation, and David Prisco from Avalon Claims Management, LLC.

“The plaintiffs’ bar has become increasingly creative, attempting to re-classify malpractice claims as other types of torts, such as general negligence claims, merchandising practices act violations or battery, or as non-tort claims such as civil rights violations, breach of contract, warranty violations or fraud claims,” said Endelicato, who has achieved an incredible unmarred record of trying over sixty jury trials and binding arbitrations, having never been defeated. “Presenters will examine the different strategies with which plaintiffs have had some success around the country, and they will discuss methods and arguments that can be raised by the defense bar and insurance industry to counter these actions.”

Key takeaways from this discussion will include how the defense team should attack any type of claim asserted that is not brought within the confines of a particular state’s medical negligence laws; how claims professionals and defense counsel should vigorously seek to discover any purported damage claims as early as possible;
how keeping claimants and plaintiffs limited to well defined and tort reform limited causes of actions and damage claims will help prevent inflated damages and possible runaway verdicts.

Endelicato’s clients include physicians in all disciplines of medicine, hospitals, skilled nursing facilities, surgery centers, and allied healthcare professionals. Her cases range from catastrophic injuries, including birth injury, spinal cord injury, and brain injury, to elder and dependent abuse, wrongful death actions, and mass tort litigation.
Her extensive trial experience has afforded her membership in the prestigious American Board of Trial Advocates, among a nominal number of women in the United States. Endelicato was also nominated into membership of the exclusive International Association of Defense Counsel where she is an active member of the Medical Defense and Health Law Committee.

Additionally, Endelicato was named by the Los Angeles and San Francisco legal newspaper, The Daily Journal, as one of the Top 100 Women Lawyers in California. She has also been recognized as one of the Top 50 Most Influential Women Lawyers by the Los Angeles Business Journal. Endelicato was also honored by Los Angeles Magazine as one of the Top Women Attorneys in Southern California. She also received the designation of Super Lawyer in Southern California by Los Angeles Magazine, Super Lawyer in Orange County by Orange Coast Magazine, and Top Lawyer by Pasadena Magazine and also holds an AV-Preeminent rating which is the highest rating awarded by Martindale Hubbell.

PRINT

Privacy Policy      |      Site Map

© 2018 Wood Smith Henning & Berman LLP

Subscribe to our mailing list

* indicates required