Hon. Paul L. Beeman (Ret.)​

Mediator  •  Arbitrator  •  Referee

PROFESSIONAL MALPRACTICE

  • Malpractice by Real Estate Appraisal. A homeowner applied to Plaintiff, a mortgage bank, for a loan secured by a second deed of trust on her home. Plaintiff ordered a drive-by appraisal by Defendant. Plaintiff, relying on the appraisal report, approved the loan and subsequently sold the loan to an institutional investor. The appraisal value was based upon sales of three properties which were not comparable. The homeowner defaulted on the loan. Plaintiff suffered damages after it was required to repurchase the loan after it went into default.

  • Dental Malpractice: Defendant failed to properly diagnose, treat, and/or refer Plaintiff for periodontal disease. These failures left Plaintiff with injuries which included loss of teeth, bone and the development of temporomandibular joint disease.

  • Medical Malpractice: During surgery for a total knee replacement, Defendant lacerated Plaintiff’s popliteal artery, causing an internal hemorrhage, which led to the development of a compartment syndrome. Defendant failed to diagnose the compartment syndrome until it had caused permanent nerve damage.

  • Professional Malpractice: Plaintiff suffered a tear to her ear drum during a fitting procedure. Defendant’s carrier denied insurance coverage based on a “professional services” exclusion contained in the insurance policy.