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Professional Malpractice Updates

Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Quarles & Brady LLP

Med Spa Compliance Series: Area of Focus – Good Faith Examination

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As individuals across the country become increasingly focused on their health and wellness, the 20-billion-dollar med spa industry continues to grow. Patients are now visiting their med spa more than their primary care...more

Baker Botts L.L.P.

An Attorney's Ethical Obligations to the Client in Third-Party Funded Litigation

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The landscape of legal practice has significantly changed due to the proliferation of third-party litigation funding, a financial mechanism that provides capital to plaintiffs, including patent owners, in exchange for an...more

J.S. Held

Recent Case Laws Relating to the Defective Premises Act 1972: Its Impact on Contractors and Consultants

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The Building Safety Act 2022[1] (BSA 2022) (which gained Royal Assent on 28 April 2022), has had a significant impact on liability around the design and construction process. One of the changes brought about by the BSA 2022...more

EDRM - Electronic Discovery Reference Model

[Webinar] Beyond Fines: Has Johnson v. Dunn Raised the Stakes for AI Citation Errors - September 11th, 1:00 pm - 2:00 pm ET

Do you verify every citation before filing? Should you? If an experienced partner prepares a document for your signature, do you check the citations? When supervising routine discovery motions, do you personally review every...more

Arnall Golden Gregory LLP

When Patients Leave Against Medical Advice: What Hospitals Miss and Why It Matters

Delivering high-quality healthcare becomes difficult when patients disregard their doctors’ advice. A patient who chooses to leave the hospital against medical advice (“AMA”) represents a particularly severe case of...more

Greenbaum, Rowe, Smith & Davis LLP

A Potential Renaissance of Private Law in American Healthcare

An article in the August 9, 2025, issue of the New England Journal of Medicine highlights the opportunity, if not the responsibility, of the bar in the private law sector to fill the gaps in healthcare access, quality, and...more

Marshall Dennehey

Appellate Division Upholds Defense Victory and $500K Fee Award in New Jersey Legal Malpractice Case

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Jack Slimm and Jeremy Zacharias, of our Mount Laurel, New Jersey, office, secured a significant victory in the New Jersey Appellate Division in Cohen v. Weg & Meyers, P.C., A-2082-22 (App. Div. Aug. 6, 2025), affirming the...more

Carr Maloney P.C.

Carr Maloney Attorney Kelsey Publishes Article in the Maryland Bar Journal

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Effective July 1, 2025, attorneys practicing law in Maryland may no longer state that their fees are “earned upon receipt” in engagement agreements. Instead, under the amended Rule 19-301.15, legal fees and expenses paid in...more

Marshall Dennehey

Precedential Opinion: Superior Court of Pennsylvania Upholds the Enforceability of a Venue-Selection Clause in the Context of a...

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Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients....more

EDRM - Electronic Discovery Reference Model

Reasonable or Overreach? Rethinking Sanctions for AI Hallucinations in Legal Filings

Abstract - This article examines the problem of fabricated or hallucinated citations in legal briefs, focusing on the recent federal decision in Johnson v. Dunn as a case study. That decision highlights the risks when lawyers...more

Carlton Fields

Minnesota Appeals Court Limits Coverage in Law Firm Malpractice Dispute Over Policy Clause

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In Smith Jadin Johnson PLLC v. Minnesota Lawyers Mutual Insurance Co., the Minnesota Court of Appeals reversed a lower court’s decision that required Minnesota Lawyers Mutual Insurance Co. to defend a legal malpractice claim...more

Bradley Arant Boult Cummings LLP

Texas Court Exposes Key Gap in Professional Liability Coverage for Home Health Franchisors

In the home health care business? Whether a franchisor, franchisee, or independent agency, beware of bodily injury exclusions in professional liability policies that could eliminate coverage for otherwise covered claims....more

Esquire Deposition Solutions, LLC

Federal Court Turns Up the Heat on Attorneys Using ChatGPT for Research

Most lawyers regard Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 448 (S.D.N.Y. 2023), as the leading case on the consequences of misuse of generative artificial intelligence in legal pleadings. It was from Mata v. Avianca that...more

Kerr Russell

Michigan Supreme Court Declines to Revisit Medical Malpractice Damages Cap

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The Michigan Supreme Court recently declined to weigh in on an important question about whether the state’s cap on non-economic damages in medical malpractice lawsuits violates the Michigan Constitution. (In re Certified...more

Wiley Rein LLP

Professional Services Exclusion Bars Coverage for Suit Stemming from Faulty DNA Analysis

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In a win for Wiley’s client, a Florida federal court held that a professional services exclusion barred coverage for underlying litigation arising out of the insured’s faulty DNA analysis services. A DNA laboratory provided...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Construction Zone Death Suit Against Employer and Engineering Firms Based on Workers’...

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Estate of Mike Alexander, Deceased, et al. v. Northeast Sweepers, et al., No. A-1486-23 (June 19, 2025) - On July 11, 2014, Michael Alexander was struck and killed by a sweeper truck while working in an active construction...more

Wiley Rein LLP

Lawsuits Alleging Misconduct Based on Flawed Testing Procedures Deemed Not “Related Claims”

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The United States District Court for the Eastern District of Virginia, applying Virginia law, has held that two lawsuits alleging misconduct based on flawed drug testing procedures performed by the insured do not constitute...more

Robins Kaplan LLP

Revolutionizing Med Neg Cases with AI

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The rapid evolution of technology is revolutionizing the legal practice. For plaintiff attorneys handling medical negligence cases, incorporating advanced tools—especially artificial intelligence—brings both challenges and...more

Nossaman LLP

EMTALA and Emergency Stabilization: Implications for Hospitals and Medical Staffs Highlighted by a Recent Medical Malpractice Case

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The ongoing case Jhumra v. Orange County Global Medical Center (OCGMC) stems from an alleged delay in care and serves as a stark reminder of the legal obligations for hospitals and medical staffs under the Emergency Medical...more

Clark Hill PLC

Doing the right thing: Playing fair with the involuntary pro se litigant

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Abraham Lincoln once famously said that “He who represents himself has a fool for a client.” While this statement has been demonstrated to be true more often than not, what happens when (1) the pro se representation is not...more

White and Williams LLP

Pennsylvania Superior Court Blesses Venue Selection Clauses in Medical Malpractice Cases

In 2023, the Supreme Court of Pennsylvania enacted a significant change to the Rules of Civil Procedure enabling plaintiffs in medical malpractice cases to bring suit in any venue where a corporate healthcare defendant...more

EDRM - Electronic Discovery Reference Model

When AI Policies Fail: The AI Sanctions in Johnson v. Dunn and What They Mean for the Profession

The Johnson v. Dunn sanctions order proves that firm policies and experience aren’t enough—only rigorous verification prevents AI citation disasters...more

Marshall Dennehey

Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms

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Munoz v. Children’s Hosp. of Philadelphia, No. 1388 EDA 2024, 2025 WL 1504354 (Pa. Super. Ct. May 27, 2025) - The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia...more

Marshall Dennehey

Pennsylvania Supreme Court: Mental Health Facilities May Be Liable for Gross Negligence in Denying Voluntary Admission

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Matos v. Geisinger Med. Ctr., 334 A.3d 288 (Pa. 2025) - An individual with an extensive mental health history sought admission to two different mental health facilities for inpatient psychiatric care. However, both facilities...more

Verrill

Legal Readiness for AI in Healthcare: A Provider’s Quick Guide

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Artificial Intelligence (AI) continues to revolutionize industries and is poised to bring transformative change in healthcare delivery, drug discovery, diagnostics, and data analysis and communication. This technology is...more

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