The high price of malpractice

February 2000
Advertising Age;2/7/2000, Vol. 71 Issue 6, p34
Trade Publication
This article addresses the issue on whether an advertising agency can be guilty of malpractice. It is a provocative issue, and also a serious legal inquiry raised by an advertiser, retailer Just for Feet, after its pricey 1999 Super Bowl television advertising turned into a disaster. While the U.S. courts have yet to rule, the answer seems clear. Malpractice is not a concept that works in the advertising world, and for the courts to impose it would be a mistake of large proportions. This is not to say that advertising agencies have no legal obligations to their clients. When their responsibilities are clear, such as for the careful stewardship of millions of dollars in client media budgets, perhaps lawyers and judges can reasonably determine when those obligations have not been met. But on the cloudier issue of whether clients can hold agencies legally responsible for advertising that does not work, or for somehow mishandling the creative process, legal standards of malpractice seem to have little to offer.


Related Articles

  • Medicolegal BRIEFS. Starr, David S. // Cortlandt Forum;10/25/2000, Vol. 13 Issue 10, p57 

    Reports on three medical court cases in the United States, as well as lessons for health practitioners. Negligence in a New Jersey case involving the death of a hysterectomy patient for whom new equipment was used; Trial judge's ruling in the case of a nurse who would be a medical expert;...

  • LITIGATION & COURT RULINGS.  // Sports Medicine Standards & Malpractice Reporter;Jul2008, Vol. 20 Issue 3, p45 

    The article presents several court cases on malpractice and negligence related to medicine. A plaintiff sued fitness facility personnel after sustaining injuries resulting from the alleged unsupervised exercise using treadmill. Due to the alleged negligence in performing surgery and failure to...

  • Doctor Knows Best. SerVaas, Joan // Saturday Evening Post;Jan/Feb2015, Vol. 287 Issue 1, p21 

    The article summarizes the 1960 legal case "Becker v. Eisenstodt." A rhinoplasty patient sued her surgeon, claiming that his negligent post-operative care caused burns and other disfiguring injuries to her face. The trial judge dismissed the plaintiff's case after a courtroom demonstration of...

  • New call for patients' bill of rights. Benko, Laura B. // Modern Healthcare;6/28/2004, Vol. 34 Issue 26, p12 

    Focuses on the concern of physician organizations about a possible increase in malpractice lawsuits against doctors caused by a U.S. Supreme Court ruling that limited patients' ability to sue their managed-care plans in state courts. Background on the court's ruling on the negligence lawsuits...


    This article presents information on a U.S. lawsuit titled Baker v. Sadick. An award of punitive damages for intentional tort in medical malpractice arbitration is permissible under California law and does not violate public policy. The defendant performed breast reduction surgery on the...

  • Legal Trends in Engineering. Ballobin, Kristin; Keen, Julia // ASHRAE Journal;Nov2007, Vol. 49 Issue 11, p40 

    The article discusses legal trends concerning professional engineers in the building design industry. The author provides information on various legal trends that include increasing numbers of legal claims against engineers of heating, ventilation, and air conditioning systems (HVAC), the rise...

  • LI case among top 10 jury awards for 2004.  // Long Island Business News (7/1993 to 5/2009);1/21/2005, Vol. 52 Issue 3, p1A 

    This article reports that a Huntington medical malpractice case that resulted in an award of $111.7 million ranked as the eighth-highest jury award to an individual in the U.S. in 2004. The actual payment was reduced to $6 million under a high-low agreement struck by the attorneys, Steven E....

  • You've been sued: Tips for defendant doctors. Teuscher, David D.; Lundy, Douglas W. // AAOS Now;Oct2011, Vol. 5 Issue 10, p47 

    The article offers tips that will help doctors in dealing medical claims in the U.S. It mentions the need to immediately discuss the case to an attorney, who is the most capable to erect an emotional component of the defense. It adds that a medical liability insurance carrier must also be...

  • FAA Appellate Jurisdiction. Carson, Liz // Dispute Resolution Journal;Feb-Apr2005, Vol. 60 Issue 1, p104 

    This section discusses the court's decision in the medical malpractice case Dees v. Billy M.D., which was filed in the U.S. in 2005. The 9th Circuit held that a district court order staying judicial proceedings and compelling arbitration is not appealable even if accompanied by an administrative...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics