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

Forget Fifth Graders — Are You Smarter Than a CEO?

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The Supreme Court of South Dakota says that (in certain circumstances) you need to be. That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 2, Issue 11, 2025

In this edition, we look at the rise in the rates of physician attrition across specialties, the impact the federal government shutdown had on telehealth programs, how medical malpractice reforms have affected emergency...more

Freeman Mathis & Gary

Gidor v. Magnus: Pennsylvania Supreme Court clarifies statute of repose for home inspections

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In Gidor v. Magnus, the Pennsylvania Supreme Court addressed whether 68 Pa. C.S. § 7512 (“Section 7512”) of the Pennsylvania Home Inspection Law constitutes a statute of repose or a statute of limitations. The Court held that...more

Hanson Bridgett

New California Law Will Allow Physicians to Supervise More Physician Assistants

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Effective January 1, 2026, a new law — Assembly Bill 1501 — will amend Section 3516 of the California Business and Professions Code to allow physicians to supervise up to eight physician assistants (PAs) at any one time in...more

Blake, Cassels & Graydon LLP

Un avocat en Alberta pourrait être condamné personnellement à payer des dépens pour avoir cité des cas hallucinés par l’IA

Le 26 septembre 2025, la Cour d’appel de l’Alberta (la « CAA ») a rendu sa première décision au sujet des fausses références que peuvent générer les outils d’intelligence artificielle (« IA ») générative. Ces fausses...more

Goodell, DeVries, Leech & Dann, LLP

Maryland Joins the AI Hallucination Party

It had to happen at some point: a lawyer would unsuspectingly submit a brief prepared with the help of generative artificial intelligence to a Maryland appellate court, and our courts would answer the question of what the...more

Freiberger Haber LLP

Breach of Fiduciary Duty: Issues of Fact and The Continuous Wrong Doctrine

Freiberger Haber LLP on

In today’s article, we examine Hofman v. Braun, 2025 N.Y. Slip Op. 34102(U) (Sup. Ct., N.Y. County Oct. 24, 2025) (here), a case addressing the statute of limitations for a breach of fiduciary duty claim and the continuous...more

Offit Kurman

Pennsylvania Supreme Court Decision Supports Legislative Finality Created by Statute of Repose

Offit Kurman on

In a welcome development for Pennsylvania’s construction industry, the Pennsylvania Supreme Court’s recent decision in Gidor v. Mangus reinforces the integrity of legislatively adopted Statutes of Repose. On October 23, 2025,...more

Bradley Arant Boult Cummings LLP

Accounting Firms Face Increased Exposure to Securities Fraud Claims after Supreme Court Declines to Take Appeal

On October 6, 2025, the U.S. Supreme Court denied a petition for certiorari in BDO USA,LLP v. New England Carpenters Guaranteed Annuity and Pension Funds, No. 24-1151, a closely watched case involving securities fraud claims...more

Wiley Rein LLP

Eleventh Circuit Splits Single Lawsuit into Multiple “Claims” When Applying Misappropriation Exclusion and Determining Duty to...

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The United States Court of Appeals for the Eleventh Circuit, applying Georgia law, has held that a single lawsuit constitutes multiple “claims” and some of those “claims” fell outside the misappropriation exclusion in a...more

Goldberg Segalla

No Privity, No Claim?

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The defense of legal malpractice claims often hinges on a deceptively simple question: did the attorney breach their duty owed to their client?...more

Wiley Rein LLP

Interrelated Claims Provision Bars Coverage for Client’s Claim Tied to Broker’s Pre-Hire Conduct

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The U.S. District Court for the Eastern District of New York, applying California law, held that an insured financial services company was not entitled to coverage under its professional liability policy for a client’s claim...more

Marshall Dennehey

Duty Owed to Substance Abuse and Suicidal Patients: New Court Ruling Lays Out a Duty Providers Have to a Patient Prior to...

Marshall Dennehey on

Robert C. Burley, Personal Representative for the Estate of Anthony Burley v. The Village South, Inc., 407 So.3d 572 (Fla. 3d DCA 2025) - The Third District Court of Appeal reversed an order granting summary judgment in favor...more

Searcy Denney Scarola Barnhart & Shipley

Do You Have a Defective Drug Claim or a Medical Malpractice Claim?

If you have experienced serious or life-altering complications from a drug that your doctor prescribed, you may be entitled to financial compensation for your financial and non-financial losses. ...more

Goldberg Segalla

The Pitfalls of Litigation Funding

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Over the past decade, there has been a substantial rise in the number of attorneys using litigation funding to help prosecute or defend a case. This area is largely unregulated in New York. While this new way of practicing...more

Marshall Dennehey

Another Ohio District Court Rules that the Non-Economic Damages Cap on Catastrophic Medical Injuries is Unconstitutional as...

Marshall Dennehey on

Lyon v. Riverside Methodist Hospital, (10th Dist.), 2025-Ohio-2991 -Following the 8th District Court of Appeals’ ruling in Paganini v. Cataract Eye Center of Cleveland earlier this year, the 10th District has likewise ruled...more

Marshall Dennehey

Claims for a Hospital’s Negligent Credentialing Must Be Addressed With Sufficient Facts in a Corroborating Expert Affidavit During...

Marshall Dennehey on

Angel Tomas v. Dmitry Sandler, DPM, et al., 406 So.3d 1089 (Fla. 3d DCA 2025) - The Third District Court of Appeal affirmed a motion to dismiss related to a negligent credentialing claim on the basis that the presuit...more

Freeman Mathis & Gary

Limited scope of engagement bars claim against attorney

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A Massachusetts Superior Court judge recently granted a defense motion for judgment on the pleadings in Orbian v. Burns & Levinson. The decision reminds us of the importance of lawyers understanding and adhering to the scope...more

Clark Hill PLC

Colorado damage caps: Supreme Court upholds $40 million medical malpractice award

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On October 20, the Colorado Supreme Court unanimously affirmed a $40 million medical malpractice verdict, clarifying when and how juries – not judges – should determine damages in catastrophic injury cases that exceed the...more

Marshall Dennehey

A Jury Does Not Need to Make an Express Finding of Liability as to Each Defendant to Establish a Hospital’s Vicarious Liability...

Marshall Dennehey on

Hagans v. Hospital of the University of Pennsylvania, 2025 Pa. Super. 142 (July 10, 2025) - The Superior Court affirmed the order of the Philadelphia County Court of Common Pleas denying the defendant-hospital’s motions for...more

Miles Mediation & Arbitration

[Event] Beyond the Courtroom: First Annual Medical Malpractice CLE - October 29th, Atlanta, GA

Premier legal seminar designed exclusively for high-level medical malpractice/healthcare practitioners. This complimentary CLE presents an unparalleled opportunity for seasoned professionals to converge and share the wealth...more

Marshall Dennehey

Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel

Marshall Dennehey on

Hernandez v. Baird Mandalas Brockstedt & Federico, LLC, 2025 WL 1304194 (Del. May 6, 2025) - The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral...more

Robinson+Cole Data Privacy + Security Insider

MA Office of Bar Counsel Pens Guidance for Lawyers Using AI

Continuing the weekly blog posts about lawyers using AI and getting in trouble, the Massachusetts Office of Bar Counsel recently issued an article entitled “Two Years of Fake Cases and the Courts are Ratcheting Up the...more

Stoel Rives LLP

Walking the Tightrope on Physician Employment Verification and Credentialing

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When hospitals credential physicians, employers are often asked to complete attestation forms that might look like simple employment verifications. But sometimes, those forms go much further, crossing into opinion and...more

Lathrop GPM

North Carolina Federal Court Declines to Dismiss Franchise Disclosure Document Malpractice Suit on Statute of Limitations Grounds

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A federal district court recently denied a law firm’s motion to dismiss a legal malpractice suit against it on statute of limitations grounds. Smash Franchise Partners, LLC v. Barber Power Law Grp., PLLC, 2025 WL 2598369...more

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