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Professional Malpractice Education

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arnall Golden Gregory LLP

AGG Supports GHA and MAG in Latest Successful Step to Cap Wrongful Death Damages

On June 24, 2025, the Supreme Court of Georgia vacated the Georgia Court of Appeals’ decision refusing to apply Georgia’s $350,000 damages cap to reduce a $7.2 million award of wrongful death damages in a medical malpractice...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Assessment/Third-Party Beneficiary: Minnesota Appellate Court Addressing Negligence Claim

The Minnesota Court of Appeals (“App. Ct.”) addressed in a January 1, 2025, Opinion an issue arising out of an environmental assessment performed on a laundromat pursuant to a property transaction. See Michelin Properties,...more

Searcy Denney Scarola Barnhart & Shipley

The Dangers of Defective Medical Devices: How to Protect Yourself

Defective medical devices can present serious—and even life-threatening—risks for patients. Yet, sadly, many patients don’t realize that their medical devices are defective until it is too late. Sometimes, manufacturers and...more

Farella Braun + Martel LLP

Like Client, Like Counsel: Lawyers Sanctioned Over AI-Hallucinated Citations Backing False Claims

Another federal court has sanctioned lawyers for using generative AI in legal drafting without verifying the results. On July 7, 2025, a U.S. District Judge ordered two attorneys representing MyPillow CEO Mike Lindell to each...more

Awatif Mohammad Shoqi Advocates & Legal...

Medical Negligence And Its Liabilities Under UAE Law

Medical practitioners form one of the most important professions in the world. The significance of this profession results in a high number of responsibilities on individuals in the medical field. The UAE Government has...more

Baker Donelson

The Perils of Legal Hallucinations and the Need for AI Training for Your In-House Legal Team!

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Generative AI is rewriting how lawyers work at record speed, but is also quietly flooding Courts with phantom citations and invented case law along the way. In recent months, a number of judges across the country have...more

Marshall Dennehey

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

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On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing...more

Marshall Dennehey

Proposed Expert’s Qualification to Proffer Standard of Care Opinions Must Be Evaluated Under the Entirety of Section 512 of the...

Marshall Dennehey on

Key Points: Standard of Care: Patient assessment and discussion of procedures to be performed to evaluate the patient prior to surgery fall under the purview of the standard of care, not informed consent....more

Marshall Dennehey

Getting the Gist: The Evolution and Application of Pennsylvania’s Gist of the Action Doctrine in Legal Malpractice Actions

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Key Points: While legal malpractice actions can be brought as a negligence or contract claim, the gist of the action doctrine serves to limit those instances....more

Marshall Dennehey

The Nature of Attorney Disciplinary Proceedings

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Key Points: The Pennsylvania Supreme Court has clarified that the standard of proof required for a finding of attorney misconduct is “clear and convincing evidence.” Attorney disciplinary matters “are in the nature of...more

Wiley Rein LLP

Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

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The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - June 2025 #4

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The PGA Tour announced a significant structural change Tuesday hiring longtime NFL executive Brian Rolapp as the first CEO in the organization’s history while beginning the transition away from commissioner Jay Monahan, who...more

Nossaman LLP

Don’t Forget: Medical Societies Have a Duty to Provide Fair Procedure Too

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A recent decision by the United States District Court, Eastern District of California highlights the duty of medical societies to provide fair procedure when implementing a disciplinary action. In VanBuren Lemons v. American...more

Ballard Spahr LLP

Supreme Court Urged to Hear Case With Potential to Alter Materiality Standard for Alleging Securities Fraud Against Auditors

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The Supreme Court is currently deciding whether to hear a case that could have significant implications for auditors, law firms, and other professional services companies that assist public companies. Amicus briefs filed on...more

Best Era

AI Hallucinations Are Destroying Legal Careers: Here's How to Fight Back

Best Era on

Lawyers are getting sanctioned for AI-generated fiction masquerading as legal research. The most infamous case, Mata v. Avianca in New York federal court, saw attorneys submit a brief containing six completely fictional...more

K&L Gates LLP

URS v. BDW [2025]: Supreme Court Confirms Consultants' Duty to Developers for Historic Defects

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The UK Supreme Court’s (Court) decision in URS Corporation Ltd v. BDW Trading Ltd [2025] UKSC 21 resolves key questions around the recoverability of remediation costs where the developer no longer owns the property and has no...more

Nossaman LLP

Update: Colorado's Peer Review Privilege in Peril

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UPDATE: After two rounds of amendments in 2024 and legal challenges filed with the Colorado Supreme Court, proponents withdrew the ballot measure. For the moment, Colorado’s peer review protections remain in place....more

Robinson+Cole Data Privacy + Security Insider

Lawyers Continue to Get in Hot Water for Citing AI Hallucinated Cases

We have previously outlined several cases where lawyers have been sanctioned by courts for citing fake cases generated by artificial intelligence (AI), also known as “hallucinations.”...more

Nossaman LLP

When Are Hospitals on the Hook? Reconciling Elam and Bichai

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Din v. Sutter Valley Hospital (June 10, 2025, C099101, unpublished) puts the spotlight on a dividing line in California law: when can a hospital be liable for actions taken by its medical staff? The case sharpens the contrast...more

Troutman Amin LLP

“WHOLLY INADEQUATE”: Another TCPA Defendant Represented by #BigLaw Gets Crushed And When Are Folks Going to Start Listening?

Troutman Amin LLP on

I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more

Epstein Becker & Green

Navigating the Legal Risks of Consumer Protection Claims in Healthcare

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Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims...more

Stoel Rives LLP

Limitations of Liability in Construction Contracts: Ironclad Protection or Legal Illusion?

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A contract’s limitation of liability or “LOL” clause is often the subject of considerable attention and negotiation between contracting parties and frequently arises during the contract drafting process in which owners,...more

Clark Hill PLC

Artificial Intelligence or innocent ignorance? Hard lessons yield best practices

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Artificial intelligence is a controversial but increasingly valuable arrow in the quiver of any litigator. While AI can provide great assistance to litigators in improving their efficiency, AI also raises ethical and...more

Epstein Becker & Green

Distinguishing Deceptive Trade Practices From Negligent Care: Exploring the Boundaries Between Consumer Protection and Medical...

Hospitals and health systems are familiar with traditional medical malpractice cases, but as healthcare is increasingly seen as a business, healthcare providers need to understand the potential for, and limitations of claims...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 2, Issue 6, June 2025

Welcome to our sixth issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the impact of supply chain and tariff issues on the industry, the veto of Florida's...more

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