Professional Malpractice Updates

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Oklahoma Supreme Court broadens scope of state's informed consent law

In the late 1970s, a patient named Norma Jo Scott underwent a hysterectomy performed by Dr. Vance Bradford that resulted in problems with incontinence. She sued Dr. Bradford for failing to disclose the risks and available...more

Do surgeons’ (mis)perceptions of risk play too big a role for patients’ good?

A globally renowned seismologist, weary of recent scaremongering reports that a major fault in California was “locked, loaded, and ready to roll,” offered a pointed scientific evaluation of risk: “You’re about as likely to be...more

Seventh Circuit Clarifies That Lawyers Can Appeal Nonmonetary Sanctions

Imagine that, at the end of a case, the judge decides to impose sanctions on you for the way in which you have handled discovery, or done something at trial. In the order requiring you and your client to pay your opponent...more

Health Alert (Australia) May 23, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: South Australia - 19 May 2016 - Inquest into the deaths of Robert Campbell and Jeremy Todd...more

Nader’s latest crusade: falsehoods about lawsuits, suspect tort reform

Americans have been brainwashed into disbelieving a fundamental truth about their legal system: Lawsuits actually are good for the country. They aren’t as costly nor as numerous as conventional wisdom holds. And they play a...more

New Jersey Expands Fee-Shifting in Legal Malpractice Actions to Include Non-clients

On April 26, 2016, a sharply divided New Jersey Supreme Court held that attorneys may be liable for counsel fees if they are found to have intentionally breached their fiduciary duty to non-clients. In the matter of Innes v....more

Health Alert (Australia) - May 16, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Victoria 10 May 2016 - Allie v Allied Medical Group Pty Ltd (Human Rights) [2016] VCAT 728 Mr Allie...more

Maternity and Medical Malpractice. Why are there More Cases?

When it comes to medical malpractice, there are an unusually high number of cases related to maternity and birth complications. This is true, not only in the state of Illinois, but across the United States. Medical...more

SEC Charges Attorneys Who Implemented Fraud Scheme

Two attorneys, with fiduciary duties to their clients by virtue of their role as escrow agents, served not as the protector of client funds, but enablers of a fraudulent scheme. The plot was uncovered by OCIE during an...more

Is the American Rule Dead in New Jersey?

Ok, so maybe "dead" is a bit hyperbolic, but the New Jersey Supreme Court's decision in Innes v. Marzano-Lesnevich, No. 074291, ___ N.J. _____ (N.J. Apr. 26, 2016) has raised serious questions about just how far the New...more

Defence & Indemnity - April 2016: I. INSURANCE ISSUES

General information of claims practices and company personnel obtained by an insurer’s in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff’s counsel against...more

Education malpractice and student litigation: Achieving early dismissal

This post is the third in our three-part series on recent legal authority addressing the educational malpractice doctrine. As we noted in prior posts, we are examining this authority through the lens of “lessons learned,” and...more

Health Alert (Australia) - May 9, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: JUDGMENTS Commonwealth. Federal Court 29 April 2016 - Australian Competition and Consumer Commission v Reckitt...more

Insurance Review May 2016

It has been another active year for class action and mass tort litigation in Australia, with seemingly very few industries or sectors immune, even the legal industry upon which this burgeoning area of the law has been built....more

The Proof Is in the Password!

Consider this scenario: A young couple entrusts you, an experienced real estate attorney, to assist them in the purchase of their first home. Days before closing, your unsecured email account gets hacked and your client...more

Cybersecurity: You can't afford to ignore it anymore

In late March, newspapers confirmed that a Russian hacker named "Oleras" targeted 48 law firms (most of which are Am Law 100 firms). Oleras planned to hack these firms to secure confidential and highly valuable insider...more

Medical error ranks as No. 3 killer in U.S., claiming 250,000 lives annually

Medical errors claim the lives of roughly 685 Americans per day- more people than die of respiratory disease, accidents, stroke and Alzheimer’s. That estimate comes from a team of researchers led by a professor of surgery at...more

No Closure Yet on the Issue of Aggregation of Claims Against Solicitors

The Court of Appeal in AIG Europe Ltd v OC320301 LLP (formerly The International Law Partnership LLP) has ordered a retrial of the question of whether actions brought by 214 investors in two failed holiday property schemes in...more

Health Alert (Australia) - May 2, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Inquest into the death of Chris Pravin Prasad Mr Prasad was a 51-year-old involuntary inpatient at a psychiatric...more

Health officials failing to protect patients from opioid-addicted caregivers

As the epidemic of prescription drug abuse spreads nationwide, public health authorities are failing to protect patients from the criminal wrong-doing of opioid-addicted caregivers, the Denver Post has reported. The...more

Education malpractice and student litigation: How to assess claims

This post is the second in our three-part series on recent legal authority addressing the educational malpractice doctrine. We are examining this authority through the lens of “lessons learned,” and discussing methods for...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - May 2016

Conflicts of Interest — Subject Matter Conflicts — Can IP Attorneys Simultaneously Represent Two Clients That Are Prosecuting Patents for Similar Inventions? - Maling v. Finnegan, Henderson, Farabow, Garrett & Dunner,...more

Effective calendaring and email systems prevent claims Whoops – Legal Malpractice Prevention

Computers and technology have changed every aspect of the modern law practice. Email, for instance, has completely transformed the practice of law. Electronic communication is instantaneous, continuous, and ubiquitous. It is...more

Beware of informal relationships and conflicts

Conflicts of interest can be complicated and risky. They can be impediments to taking on new business and can also lead to high verdicts in legal malpractice cases. Virtually all attorneys know to run conflict checks for new...more

Debt Collection Litigation in the Cross Hairs: CFPB's Consent Order Against New Jersey Law Firm Creates More Problems Than...

Lightning can strike twice. With the ink barely dry on the Consent Order against the Hanna Law Firm (Hanna) in Georgia, the Consumer Financial Protection Bureau (CFPB or Bureau) yesterday took action against another debt...more

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