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Professional Malpractice Updates

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Marshall Dennehey

Guardian Ad Litem Is Not Immune from Legal Malpractice Claim

Marshall Dennehey on

N.W.M. through J.M. v. Langenbach, --- A.3d --- (Pa. 2024), 2024 WL 2788173 (Pa. May 31, 2024) - The Pennsylvania Supreme Court held that a guardian ad litem (GAL), an attorney appointed to represent the legal interests and...more

Dentons

Ep. 36 – What to Consider When Terminating a Patient-Care Relationship

Dentons on

Healthcare workers nationally are facing an increase in workplace violence, often instigated by patients and visitors. A study published earlier this year reported that almost 20% of healthcare workers have faced physical...more

Marshall Dennehey

Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey on

Florida Court of Appeal Holds that Illinois Law Firm Subject to Jurisdiction of State of Florida in Connection with Legal Malpractice Lawsuit Brought by Personal Representatives of Deceased Father’s Florida Estate - Neal...more

Hinshaw & Culbertson - Lawyers' Lawyer...

Law Firm Best Practices to Mitigate the Increasing Risk of Attorney Disqualification Motions

It seems as though every day, there is a story in the legal news about a well-known law firm facing a disqualification motion. While disqualification motions are being filed more frequently, that is only half the story. Such...more

Downey Brand LLP

Grossman v. Wakeman, Ethical Dilemmas, and What We Owe Our Clients

Downey Brand LLP on

The California Courts of Appeal are typically pretty stingy with their published opinions – only about 10% of Court of Appeal decisions are published in the Official Reports.  And per Rule 8.1105 of the California Rules of...more

Ward and Smith, P.A.

Lessons Learned: Wisdom from Professional Licensing Attorneys

Ward and Smith, P.A. on

Having been in the company of literally thousands of physicians, dentists, psychologists, nurses, and just about every other kind of health professional as they undergo investigations, reviews, and prosecutions of their...more

Farrell Fritz, P.C.

Bookkeeper Liability? It’s a Real Thing

Farrell Fritz, P.C. on

Accountants are professionals. They carry malpractice insurance. They are potential deep pockets. For these reasons, accountants sometimes find themselves defending against liability claims in business divorce lawsuits. The...more

Hinshaw & Culbertson - Lawyers for the...

Arbitration Clause in Attorney-Client Agreement Deemed Unenforceable Due to Lack of Informed Consent

Bryan Dick-Ipsen v. Humphrey, Farrington & McClain, P.C., et al., 2024 IL App (1st) 241043 - Brief Summary - The First District Appellate Court in Illinois affirmed the trial court's denial of a defendant law firm's motion to...more

Presley & Presley

Retained Counsel Beware: Insurer Tactics to Recover Excess Payments

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Most jurisdictions, at least in theory, permit insureds to recover extra-contractual payments/judgments from their insurers under bad faith or negligence theories. Jurisdictions are less uniform on whether or under what...more

Marshall Dennehey

Experts in Defense: Delaware Superior Court Agrees that Expert Witnesses Must Opine Beyond Mere Speculation to Meet Basic...

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Key Points:  Expert medical testimony must be offered unequivocally to support causation in medical negligence cases....more

Hinshaw & Culbertson - Lawyers for the...

Wisconsin Appellate Court Enforces Limited Scope Retainer Agreement

Michael Freude v. Jeffrey M. Berzowski and Di Renzo & Bomier, LLC., No. 2023 AP 764 (Wis. App. August 7, 2024) - Brief Summary - The plaintiff sued two defendants for legal malpractice related to an allegedly time-barred...more

Marshall Dennehey

Can Felons Pursue Damages Against Their Providers for Their Criminal Conduct? The Pennsylvania Supreme Court Says No

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Key Points: Pennsylvania Supreme Court recently evaluated the no felony conviction recovery rule. No felony conviction recovery rule bars medical malpractice and indemnification claims brought against murderer’s medical...more

Nelson Mullins Riley & Scarborough LLP

Avoid NC Medical Board Scrutiny of Your Medical Spa

The North Carolina Medical Board ("Board") recently issued a guidance document describing a situation involving a physician serving as the medical director of a medical spa, where the medical spa is owned by a non-licensee....more

Snell & Wilmer

Arizona Supreme Court Decides Cipro’s Black Box Warning Cannot Replace an Expert Opinion

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In Arizona, civil claims against health care professionals must be accompanied by a certified statement regarding whether “expert opinion testimony is necessary to prove the health care professional’s standard of care or...more

Goldberg Segalla

Law Firm Facing Malpractice Lawsuit Arising Out of Alleged Bad Advice in White Collar Crypto Defense

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FACTS OF THE UNDERLYING ACTION - On September 6, 2024 an action was commenced in New York State Supreme Court, New York County, on behalf of Steven Nerayoff, an attorney and alleged crypto founder, who, when working for the...more

IMS Legal Strategies

5 Tips for Med Mal Expert Testimony from a Hot Seat Veteran

IMS Legal Strategies on

As a presentation technology consultant, I have been sitting in the hot seat for almost 25 years. I average one trial a month with about 75% being medical malpractice (med mal) cases. I work with both plaintiff and defense...more

Goodell, DeVries, Leech & Dann, LLP

Bennett v. Gentile: Maryland’s Supreme Affirms Strict Privity Rule in Legal Malpractice Cases

Maryland’s Supreme Court declined to overturn the strict privity rule in legal malpractice cases. The rule, which generally bars third parties from suing lawyers, was a key issue in the recent Bennett v. Gentile decision. ...more

Rumberger | Kirk

Viewpoint: Early Action Key to Mitigating Risk in Professional Liability Claims

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Professional liability claims impact a multitude of professions, including those in the legal, medical, financial and insurance industries. Claims for malpractice, breach of contract, breach of fiduciary duty and related...more

Miles Mediation & Arbitration

Litigating Healthcare Malpractice Cases: Challenges for Plaintiff’s and Defense Counsel

Even if they involve similar facts or injuries, no two medical malpractice cases are alike. Juries are laypeople who must consider testimony from medical experts and other witnesses and determine credibility and competence....more

Bass, Berry & Sims PLC

Hospital Faces Serious Patient Lawsuits Stemming from Drug Diversion

At least two private civil lawsuits have been filed against Asante Rogue Regional Medical Center in Medford, Oregon, in connection with a fentanyl diversion and related indictment of a former nurse. A wrongful death suit...more

Miles Mediation & Arbitration

Top 10 Tips to Help Avoid Trouble

As an attorney and mediator who specializes in professional liability cases and issues affecting lawyers and their firms, I’ve learned that while the fact patterns and circumstances of every case are different, even the best...more

Dentons

Ep. 28 – Patient Recordings in Non-Residential Care Settings

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Has a patient asked you or one of your providers if they could record a conversation or interaction with you? Would your staff know how to handle such a request? Requests from patients and their families to record...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - September 2024

Silence surrounding medical harms hurts patients and the medical care system - An ugly truth of 21st century medicine is that episodes that hurt and kill patients get hidden from public view in the name of patient...more

DLA Piper

SEC Approves PCAOB Rule Amendment That Expands Individual Auditor Enforcement Liability

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The Securities and Exchange Commission (SEC) approved a proposed amendment to Public Company Accounting Oversight Board (PCAOB) Rule 3502. The amended rule expands enforcement liability for associated persons who...more

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

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