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Professional Liability

Hancock Estabrook’s Professional Liability Practice specializes in the defense of medical institutions, individual practitioners, attorneys, brokers, and accountants, as well as corporate officers and directors. Our clients include physicians, insured and self-insured hospitals, adult care facilities, nursing homes and other long-term care facilities, home care providers, assisted living facilities, dentists and oral surgeons, national and regional accounting firms, and real estate agents and brokers.

Our professional liability attorneys are keenly aware that today’s business and governmental environment exposes all professionals to increasingly complex regulatory scrutiny and exposure to liability theories targeting their perceived “deep pockets”. We serve professional clients by offering effective legal counsel to avoid litigation and defense when litigation cannot be avoided. At all times, our clients’ professional reputation is protected by managing sensitive issues with tact and respect while providing a vigorous defense.

Our attorneys are devoted to defending claims against medical professionals, both insured and self-insured. We effectively act as in-house counsel for many institutional medical clients, taking part in reserving claims and assisting our clients' management of substantial self-insured retentions. We have successfully defended – at trial, arbitration and on appeal – hospitals, doctors, oral surgeons, orthodontists, endodontists, dentists, nurses, medical clinics, long-term care facilities and other providers. We also represent medical professionals before state medical review boards and in hospital administrative proceedings in connection with matters involving credentialing, clinical performance, obstructive behavior and substance abuse.

We also defend other outside attorneys against claims of legal malpractice in all areas of the law. Our Firm is sensitive to the confidentiality issues raised by such claims. In addition to mounting a staunch defense, our efforts are calculated to minimize the potential impact on the lawyer's ongoing practice of being named as a defendant in a malpractice lawsuit.

Our professional liability attorneys represent accounting firms of all sizes against professional liability claims, from members of the Big Four to major regional accounting firms to small CPA partnerships. We have defended accountants claims involving tax audits, business restructures, leveraged buyouts and other professional liability matters, as well as in class actions alleging federal securities law violations and related state law claims.

We regularly assist directors and officers of companies and not-for-profit corporations, resolve liability matters involving claims of breach of fiduciary duty, ERISA, securities fraud, mismanagement and employment practices liability. This often results in providing counsel after a potential claim is identified, including obtaining defense and indemnity through the client’s directors’ and officers’ liability insurance carriers.

We are experienced in representing design and construction professionals in connection with such issues as defective design, contract disputes, mechanics' liens and surety claims. Our attorneys defend these professionals against allegations of design failure, breach of contract and other issues related to construction litigation.

We have a long history of working with the insurance and real estate industries. Our professional liability attorneys defend brokers and agents against errors and omissions claims. We also defend against conflict of interest accusations, understanding that their transactional work with the public leaves them particularly vulnerable in those types of situations.