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Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Weber Gallagher Simpson Stapleton Fires &...

PowerPoint Presentation Protected by Pennsylvania Peer Review Protection Act

Peer review litigation in Pennsylvania has been quiet since the Pennsylvania Supreme Court handed down the Leadbitter decision in 2021....more

Sheppard Mullin Richter & Hampton LLP

Healing the Healers: Using Value-Based Care Strategies to Mitigate Physician Burnout

This series explores legal issues related to physician burnout and potential solutions, and here we explore the potential impact of value-based care (“VBC”). Our first post addressed how healthcare organizations can foster...more

Sands Anderson PC

May Attorneys Ethically Seek Guidance from Online Forums? Yes, But…

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An attorney belongs to a specialty bar organization in which members routinely post questions, comments and tips on an online forum or through an automated email management system. The attorney seeks to post a request for...more

Marshall Dennehey

Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue

Marshall Dennehey on

Mazzuca v. Abreu, 310 A.3d 775 (Pa. Super. 2024) - In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia...more

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 3: Planning vs. Litigating

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Why do estate planners — traditionally non-litigating attorneys — sometimes end up in litigation? The mindset of an estate planner is about helping people. You work to help clients make and carry out major life...more

Goldberg Segalla

The Digital Fortress: Modern Privacy and Data Considerations to avoid Legal Malpractice

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As the digital landscape continues to evolve, so do the challenges surrounding privacy and data protection, particularly in the legal profession. Law firms are increasingly handling sensitive client information, creating...more

Burr & Forman

A Reminder for All Health Care Providers When Forming Business Arrangements

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According to a federal district judge in Mississippi, a cancer center’s investors bought themselves a lawsuit because of a conscious decision not to structure the ownership arrangement in compliance with a safe harbor. A...more

Association of Certified E-Discovery...

How the Inadvertent Violation of a Protective Order Led to Sanctions Against Counsel

When litigating high-profile cases, attorneys must tread carefully in handling confidential materials, especially when protective orders are in place. In Cahill v. Nike, Inc., an inadvertent disclosure by counsel to the press...more

Jones Day

JONES DAY TALKS®: Detecting and Addressing Prosecutorial Misconduct: An Overview for Defense Lawyers

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Though rare, cases of prosecutorial misconduct do occur in cases at all court levels and across jurisdictions. Partner Neal Stephens, co-author of Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers,...more

U.S. Legal Support

Medical Records in Court Proceedings: Key Details

U.S. Legal Support on

Cases that touch on medical conditions and injuries require proving causality and calculating degrees of responsibility and compensation, often amidst a convoluted mix of events, timelines, treatments, comorbidities, and...more

Marshall Dennehey

Appellate Division Maintains Kind-for-Kind, Credential Equivalency Requirement Under Affidavit of Merit Statute

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Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more

Marshall Dennehey

Pennsylvania Superior Court Finds the Treatment of a Dog Bite Undeniably “Arises Out of” the Dog Bite and Medical Negligence...

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Early v. Patient First Medical Group, et al., 311 A.3d 608 (Pa. Super. Dec. 26, 2023) - The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Ghosts of Clients Past – Financial Elder Abuse Claims Against Estate Planners

In states with Financial Elder Abuse statutes, legal malpractice claims by seniors invoking those statutes are common. These laws are generally understood to address the conversion of property of elderly or dependent adults...more

Marshall Dennehey

Professional Services Exclusion in GL Policy Issued to Property Inspector Barred Claims for Injuries Resulting from Inspector’s...

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Yarborough v. Erie Inspection Servs., Inc., 2024-Ohio-1712 - The plaintiff was a real estate agent who was injured when she fell through an open inspection panel in the floor of a bathroom at a house that she had listed. She...more

Marshall Dennehey

Delaware Supreme Court Rules that Attorneys Are Liable for Malpractice Claims If a Sufficiently Developed Record Could Have...

Marshall Dennehey on

GMG Ins. Agency v. Margolis Edelstein, 2024 WL 1688869 (Del. Apr. 19, 2024) - Update: Prior to publication of this alert, the Delaware Supreme Court vacated its earlier opinion in GMG Ins. Agency v. Margolis Edelstein, 2024...more

Morris James LLP

Medical Malpractice FAQs (Updated)

Morris James LLP on

What is considered medical malpractice? Medical malpractice, also known as medical negligence, occurs when a hospital, doctor, or other health care professional fails to comply with the standard of care and causes an...more

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

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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

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