Section Newsletter Articles on Malpractice

Attorney malpractice for failure to file blue sky rescission notice By Tae Kim and Charles W. Murdock Business and Securities Law, September 2014 The case of Goldfine v. Barack, Ferrazzano, Kirschbaum & Perlman highlights the uncertainty of what is a sufficient rescission notice, and what is the appropriate calculation for damages under the statutory interest provision.
Challenges facing cognitively impaired lawyers and their co-workers By Stephanie Tang Young Lawyers Division, August 2014 A look at the ethical guidelines presented by the ABA Model Rules and Illinois Rules of Professional Conduct, the structure and standards of a legal malpractice claim, and a discussion of what other states have done to reduce exposure to malpractice risk.
Avoiding malpractice under the new estate tax portability rules By Robert J. Kolasa Trusts and Estates, July 2014 This article examines the estate tax portability rules and the sensitive filing deadlines which are needed to invoke its benefit.
A new defense to malpractice claims for securities litigators By John R. Schleppenbach Business and Securities Law, June 2013 Securities class action litigators may now defend malpractice actions on the grounds that an award of attorneys’ fees in a class action includes a conclusive determination that counsel’s representation was adequate.
Is failure to file a lis pendens at the outset of a divorce case considered malpractice? By Lindsay C. Stella Women and the Law, May 2013 Every family law attorney heeds warning when the word “malpractice” is uttered. We all know the fundamentals of malpractice in our respective fields, and we do our best to stay current on new law by attending an assortment of continuing legal education courses to protect against that malignant word. Inevitably, smaller items sometimes slip through the cracks.
Does your claim allege educational malpractice? By Hon. James Fitzgerald Smith and Julia Illman Maness Civil Practice and Procedure, August 2012 Does an injured person have a cognizable claim for negligence against a former teacher for an injury occurring after instruction that the injured person claims can be traced to poor teaching?
Illinois Supreme Court declares caps on non-economic damages in medical malpractice cases unconstitutional By Hon. Richard P. Goldenhersh Civil Practice and Procedure, June 2010 A discussion of some of the issues and arguments relating to the Lebron v. Gottlieb Memorial Hospital case.
Tort immunity in medical malpractice cases By Thomas Q. Keefe, III and Thomas Q. Keefe, Jr. Tort Law, February 2010 Public entities and public employees are immune from allegations of failure to diagnose and misdiagnosis, as well as allegations of failure to perform adequate exams (but not for improper treatment after diagnosis).
Malpractice waiting to happen By James Moster Business Advice and Financial Planning, December 2009 There is a great deal of regulation in everything we do and in every business we start. Consider the fact that in one day in June 2009, the Illinois State legislature passed 800 new bills (this is not a misprint; it is 800). 
When animal owners attack: Veterinary malpractice in Illinois By Christopher R. Minelli Tort Law, November 2008 Although many attorneys are knowledgeable with medical and legal malpractice, few are familiar with veterinary malpractice. This article will explain the details and why it might become more common in the future.
A problem, a solution and a new malpractice standard? By Michael J. Rooney Real Estate Law, June 2008 As an ongoing Michigan case illustrates, any attorney who allows a client, whether seller or buyer, to close with a title agent (instead of with the title insurance company) without insisting upon a CPL for the client ought to be held liable for malpractice.
Statute of Limitations for minors in legal malpractice clarified By Jamie L. Bas Young Lawyers Division, December 2006 Determining the appropriate statute of limitations is one of the first steps any lawyer does when evaluating a cause of action.
What is “healing art malpractice”? By James P. Ginzkey Tort Law, March 2006 A recent case out of the First District Appellate Court once again raises the question: what is “healing art malpractice”? In Jackson v. Chicago Classic Janitorial and Cleaning Service, 355 Ill.App.3d 906, 291 Ill.Dec. 469 (1st Dist. 2005) plaintiff alleged that she suffered injuries during a functional capacity evaluation. Plaintiff’s allegations against defendant, Maximum Rehabilitation Services, were couched primarily in terms of Maximum’s failure to properly instruct, supervise and train its employees.