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Risky Business

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JOE TREESE ESIDENCE malpractice mal·prak·tis -noun 1. failure of a professional person, as a physician or lawyer, to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows. 2. any improper, negligent practice; misconduct or misuse. Mitigating the Malpractice Risks of E-Discovery A 40 t an early point in my career, I had the opportunity to serve on a jury. The case, a malpractice claim against a prominent Philadelphia-area physician, concluded when the jury found for the plaintiff, an elderly woman. As a jury, we deliberated and decided that the woman's surgery and the follow- up care conducted by the physician met the definition of malpractice as carefully and painfully explained by Risky Business ILTA White Paper the judge. Jury deliberation is a fascinating process. An ordinary group of people, selected from all walks of life and with varying biases, confined to a room to decide the matter at hand, concluded with a reasonable verdict. Malpractice cases are on the rise, and there is a fundamental change that has accelerated around the notion that potential evidence in electronic form is, nonetheless, still evidence. From the dire warnings

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