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Read Professional Malpractice updates, alerts, news, and legal analysis from leading lawyers and law firms:
Ward and Smith, P.A.

The North Carolina Board of CPA Examiners: A Licensed Professional User's Guide

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As the governing body for Certified Public Accountants ("CPAs"), the Board upholds rigorous standards of practice, oversees the licensing process, and enforces compliance with ethical rules and regulations. For both aspiring...more

EDRM - Electronic Discovery Reference Model

Fabricated Text Messages – – Some Lessons Are Never Learned

In Ex-Prosecutor Disbarred For Fabricating Harassing Texts – Law360 (Jan. 7, 2025), Thy Vo reported on a fabrication of evidence case. The decision, State of Colorado vs. Yujin Choi, No 24PDJ019, is not yet posted on Recent...more

Saiber LLC

The Saiber Construction Law Column: December 2024

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The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more

Husch Blackwell LLP

Forget the False Claims Act—How a Virginia Hospital Got Criminally Charged

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On January 8, 2025, a federal grand jury in Virginia returned an indictment against a hospital. This rare criminal event in healthcare alleges that Chesapeake Regional Medical Center conspired to defraud the United States and...more

Clark Hill PLC

Reviewing 2024 Pennsylvania Legal Malpractice Decisions

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As the calendar turns to 2025, a look back at the Pennsylvania appellate dockets shows a number of impactful legal malpractice decisions, including one that was recently reargued en banc with significant ramifications for law...more

Hinshaw & Culbertson - Lawyers for the...

Do Illinois Attorneys Have a Duty to Assess Their Client's Mental Competence?

In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged...more

Blake, Cassels & Graydon LLP

Quebec Court of Appeal Rules on the Limits of CPA Professional Secrecy for Financial Whistleblowing

On November 12, 2024, the Quebec Court of Appeal (QCA) rendered a significant decision in Autorité des marchés financiers c. Ordre des comptables professionnels agréés du Québec (available in French only) relating to section...more

Morris James LLP

Child and Pediatric Medical Malpractice FAQs

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When a child suffers harm due to medical negligence, the emotional toll on families can be overwhelming. Parents trust healthcare providers to deliver care that protects and nurtures their child’s well-being. When they make...more

Napoli Shkolnik

Informed Consent Requires an Informed Patient

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Today’s medical systems move faster, operate at greater scale, and handle a wider volume and variety of ailments than ever before. Doctors have access to vast repositories of medical information and data, all of which are...more

Dinsmore & Shohl LLP

New Ohio Law Tightens Mandatory Reporting Following Dr. Strauss Report

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Legislation signed by Ohio Governor Mike DeWine on December 20, 2024 will significantly expand mandatory reporting duties for professionals and facilities. These changes, and others from Ohio Substitute Senate Bill 109, not...more

White and Williams LLP

Texas Allows Wide Scope for Certificate of Merit

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The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice...more

Epstein Becker & Green

Supreme Court of Ohio Decides on a Peer-Review Privilege Issue in Stull v. Summa

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On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from discovery the file the...more

Dickinson Wright

Arizona’s New Behavioral Healthcare Laws – Part 1

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In 2024, the Arizona legislature passed five new Arizona laws directly affecting behavioral health care in Arizona. These laws run the gamut between refining definitions, requiring peer specialist trainings, new requirements...more

Morris James LLP

OBGYN Medical Malpractice FAQs

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OBGYNs (obstetricians and gynecologists) play a critical role in the health and well-being of women, particularly during pregnancy, childbirth, and reproductive care. However, when mistakes occur due to negligence, the...more

Morris James LLP

Medical Negligence and Paralysis: What Victims Need to Know

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Few injuries are as life-altering as paralysis. What makes this already devastating condition even more heartbreaking is when it results from a preventable medical error. Whether it’s due to a surgical mistake, a missed...more

Epstein Becker & Green

Supreme Court of Ohio Rules on a Peer-Review Privilege Issue in Stull v. Summa

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Background - On December 10, 2024, the Supreme Court of Ohio issued its decision in Stull v. Summa, a medical negligence case in which the defendants argued that Ohio’s statutory peer-review privilege protected from...more

Robins Kaplan LLP

Navigating AI and Fiduciary Duties: 10 Key Questions for Your Organization

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Integrating artificial intelligence (AI) into legal practice presents valuable opportunities as the industry continues to evolve. AI has the potential to revolutionize workflows, enhance decision-making, and improve client...more

Morris James LLP

Can Medical Malpractice Cause a Spinal Cord Injury?

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Spinal cord injuries are among the most serious medical conditions, often leading to life-altering physical, emotional, and financial challenges. While many spinal cord injuries result from accidents, such as car crashes or...more

Wiley Rein LLP

No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on...

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The United States District Court for the Eastern District of Michigan, applying Michigan law, granted a primary insurer’s motion to dismiss, determining that a professional liability policy required potential claims to be...more

Morris James LLP

Understanding Brain Injuries and Medical Malpractice: Your Rights and Options

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Brain injuries are among the most devastating forms of harm a person can experience. They often result in lifelong physical, emotional, and financial consequences for both victims and their families. When these injuries are...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 9-13, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Armstrong - sentencing - MH v. Omegle.com - online sex trafficking, Marsha’s Law, FOSTA...more

LegalMation

Should Attorney Conflict of Interest Rules Apply to Litigation Service Providers and LegalTech Companies, Too?

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This article addresses conflict-of-interest rules and recommendations that guide attorneys, and whether those principles should also apply to certain types of service providers, including legal software-as-a-service...more

Kerr Russell

New Michigan Legislation Aims to Unravel Medical Liability Reform

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Over the past 30 years, the Michigan legislature has enacted several tort reform laws affecting medical malpractice, wrongful death and other personal injury cases. The goals of these reform laws, and particularly those...more

Morris James LLP

Failure to Diagnose a Heart Condition

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A heart condition can often be a silent but serious threat to a person’s health. Timely diagnosis and treatment are crucial to prevent life-altering or fatal consequences. However, when a healthcare provider fails to diagnose...more

Fennemore

California Department of Public Health (CDPH) ‘All Facilities Letter’ and Survey Activities Impacting Nurse Anesthesiology Scope...

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The California Department of Public Health’s (CDPH) September 6, 2024, All Facilities Letter (AFL) reaffirms the independent practice authority of Certified Registered Nurse Anesthetists (CRNAs). Despite this reaffirmation,...more

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