legal malpractice Archives - Medical Malpractice Lawyers

Idaho Supreme Court Tanks Legal Malpractice Claim Filed Against Plaintiffs’ Former Medical Malpractice Attorney

May 4, 2025

In their legal malpractice case, Julene and William Dodd sued their attorney, Rory Jones, after he missed the statute of limitations deadline for filing their medical malpractice lawsuit. “Plaintiffs in legal malpractice cases shoulder a heavy burden. They must try two cases: The legal malpractice[...]

Georgia Appellate Court Vacates Dismissal Of Legal Malpractice Case Alleging Botched Medical Malpractice Case

November 24, 2024

In 2018, Francis McQueen hired Clarence Long to represent her in a medical malpractice action against a nursing home. Specifically, McQueen alleged that professional negligence by employees of the facility resulted in her husband’s death. Long filed the nursing home malpractice action in March 201[...]

Record-Setting Iowa Birth Injury Malpractice Judgment Leads To Claims Of Insurer Bad Faith, Attorney Malpractice

February 7, 2024

As we discussed in yesterday’s blog posting, an Iowa birth injury medical malpractice jury’s record-setting $97 million verdict against an Iowa medical clinic has led to the filing of two, competing lawsuits against the clinic’s medical malpractice insurer, MMIC. One of the bad faith l[...]

Indiana Appellate Court Disallows Law Firm’s Early Exit From Legal Malpractice Claim Where It Failed To Timely File Medical Malpractice Case

September 25, 2023

To prevail on a legal malpractice claim, the plaintiff has the burden of establishing the elements of the underlying medical malpractice claim. A claim of medical malpractice requires proof that (1) a duty was owed to the patient by the doctor, (2) the doctor breached that duty by allowing his condu[...]

Maryland Law Firm Loses Hospital Bed But Wins Legal Malpractice Claim

May 11, 2023

Firm Loses Hospital Bed But Wins Legal Malpractice Claim: In September 2013, Louis Nicassio was injured when the hospital bed he rented to recover from back surgery collapsed under him, and he hired Gregory Hopper of the law firm Bekman, Marder & Adkins, LLC (“BMA”) to represent him in a pro[...]

Massachusetts Appellate Court Holds Medical Malpractice Attorneys Entitled To Summary Judgment In Legal Malpractice Claim Filed Against Them

May 9, 2023

Medical Malpractice Attorneys Entitled To Summary Judgment: In its opinion filed on March 28, 2023, a Massachusetts Appeals Court held that the medical malpractice lawyers who negotiated a $6 million medical malpractice settlement on behalf of a minor were entitled to summary judgment in a legal mal[...]

Illinois Appellate Court Affirms Summary Judgment For Law Firm In Legal Malpractice Case Involving Underlying Medical Malpractice Case

July 22, 2022

On May 6, 2022, the Appellate Court of Illinois First District Sixth Division (“Illinois Appellate Court”) affirmed summary judgment for a law firm that the plaintiff alleged committed legal malpractice in representing her in a medical malpractice case, holding, “plaintiff did not [...]

Plaintiff Failed To Prove Causation In Maryland Legal Malpractice Case Arising From Medical Malpractice Case

December 8, 2021

In Maryland, to prevail on a legal malpractice claim, a former client must prove: (1) the attorney’s employment, (2) the attorney’s neglect of a reasonable duty, and (3) loss to the client proximately caused by that neglect of duty. Trial-Within-A-Trial Doctrine In a lawyer-negligence or fiducia[...]

New Mexico Federal Appellate Court Rules Legal Malpractice Case Arising From Medical Malpractice Case Was Filed Too Late

February 1, 2020

In its opinion filed on January 6, 2020, the United States Court of Appeals for the Tenth Circuit (“Federal Appellate Court”) held that the plaintiff in a legal malpractice lawsuit filed against her former New Mexico medical malprtactice lawyer for his alleged failure to timely name a de[...]

Illinois Medical Malpractice Attorney Cannot Shield His Home In Bankruptcy From Default Judgment Against Him

September 25, 2019

The United States Court of Appeals For the Seventh Circuit (“Federal Appellate Court”), in its decision filed on August 5, 2019, stated, “We must determine to what extent contingent future interests created by Illinois law are exempt under this section. The most natural reading of [...]

Colorado Supreme Court Holds Plaintiff Must Prove Collectibility In Legal Malpractice Case

February 20, 2019

In its opinion filed on January 28, 2019, the Supreme Court of the State of Colorado (“Colorado Supreme Court” ) held that in a legal malpractice action based on the defendant attorney’s alleged failure to timely file the plaintiff’s underlying medical malpractice case before[...]

Pennsylvania Appellate Court Affirms Nonsuit In Legal Malpractice Case Involving Medical Malpractice Case

May 11, 2017

In its non-precedential written decision filed on March 27, 2017, the Superior Court of Pennsylvania (“Pennsylvania Appellate Court”) affirmed the nonsuit of the plaintiff’s legal malpractice lawsuit filed against her former medical malpractice lawyer that alleged that the defendan[...]

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Tag: legal malpractice