Countersuits by Physicians

Size: px
Start display at page:

Download "Countersuits by Physicians"

Transcription

1 Ch26-A /18/06 1:47 PM Page 279 C H A P T E R 2 6 Countersuits by Physicians Charles R. Ellington, Jr., M.D., J.D. GOLDEN RULES 1. Courts generally disfavor physician countersuits. 2. The strict legal criteria must be met to win a countersuit. 3. To win a malicious prosecution case, there must be a lawsuit filed against the physician without probable cause, with malice, and the suit must be terminated in favor of the physician. This termination cannot be on technical grounds but must reflect on the merits of the case. 4. Settling a case eliminates your chances of successfully suing for malicious prosecution. 5. In some states, the physician must show special damages to win a malicious prosecution claim. Special damages are those beyond what a physician would normally incur in a lawsuit. 6. To win an abuse of process case, the physician must show that the other side made improper use of the legal process for an ulterior purpose. 7. An ulterior motive alone is not enough to win an abuse of process claim. In the current medical malpractice system, physicians face many medicolegal challenges. Evidence suggests that some physicians, especially those in high-risk specialties such as obstetrics/gynecology OB/GYN and neurosurgery, are retiring early, limiting their practice, or leaving medicine altogether, due in no small part to escalating malpractice insurance costs and runaway jury verdicts. The American Medical Association states that, as of 2006, 20 states are currently in a medical malpractice crisis and 23 others are showing signs of a crisis. At the center of this problem is the frivolous lawsuit. Evidence shows that only 20% of malpractice suits are based on adverse events related to negligence, but 50% of all malpractice suits result in a verdict for the plaintiff. Further, the cost of defending a malpractice suit at trial, even where the physician wins, is about $91,800. Although various reforms have been proposed or enacted, the problem of unfounded medical malpractice litigation remains. One potential defense is the physician countersuit. 1 This chapter will provide insight into this legal remedy and explain when and where it may be appropriately used. 279

2 Ch26-A /18/06 1:47 PM Page Malpractice Lawsuit Resolution CASE PRESENTATION Mrs. I. Sue Yoo, a 55-year-old female, went to see her family physician, Dr. I. M. Brilliant, for her routine annual exam. During the visit Mrs. Yoo stated that she had been having chest pain off and on for several weeks. She described the pain as a substernal burning and heaviness lasting up to an hour. It occurred about two times per week and was not associated with any activity. It radiated to her back but not her arm. She also complained of acid reflux symptoms, especially after eating two large burritos at the local Mexican restaurant. She could not remember if the chest pain was associated with food. After reviewing her risk factors, including smoking, obesity, and a family history of coronary artery disease, Dr. Brilliant ordered an EKG, which showed normal sinus rhythm with no obvious abnormalities. No prior EKGs were available. Ever conscientious, Dr. Brilliant referred Mrs. Yoo to a cardiologist, Dr. Smarty Pants, who practiced in a nearby city and was affiliated with a nationally recognized heart program. Dr. Pants agreed to see Mrs. Yoo the next day, at which time he administered a nuclear stress test. The test revealed a significant perfusion defect, and a subsequent cardiac catheterization revealed significant three-vessel disease with a 99% stenosis in the left anterior descending artery. Within three days of seeing Dr. Brilliant, Mrs. Yoo was in the operating room undergoing coronary artery bypass and grafting by nationally renowned cardiovascular surgeon, Dr. Divine. Although the surgery was a success, the heart/lung machine unfortunately was contaminated with another patient s blood. As a result, Mrs. Yoo contracted hepatitis C. Mrs. Yoo, through her attorneys Larry, Mo, and Curly, filed a lawsuit against the hospital, Dr. Divine, Dr. Pants, and Dr. Brilliant. She also sued Dr. Soused, Dr. Brilliant s partner, who had no contact with the patient except that he said Hi to the patient as she walked down the hall for her appointment. Shortly after being named as a defendant, Dr. Soused received a signed letter from Larry, Mo, and Curly saying If you don t pay up, we ll expose you for the lush that you are! Fearing his prior drinking problem would be made public if he went to trial, Dr. Soused settled with the patient for $20,000. Due to a mix-up at her attorneys office, Mrs. Yoo s claim against Dr. Pants was not filed until a day after the statute of limitations expired. As a result the action against Dr. Pants was dismissed on technical grounds. Further, the claim against Dr. Brilliant was dismissed for failure to state a claim, since there was no allegation that she did anything wrong. The case against Dr. Divine and the hospital went to trial. Prior to a verdict in the case, all four physicians filed a countersuit against Mrs. Yoo and her attorneys for malicious prosecution and abuse of process. ISSUES Introduction Physicians sued for frivolous claims have the right to countersue the plaintiff and the attorney who filed the original malpractice suit. 2 However, these

3 Ch26-A /18/06 1:47 PM Page 281 Countersuits by Physicians 281 suits are often difficult to prove and meeting the legal burden to win is very challenging. Courts generally disfavor physician countersuits, citing the public policy that the courts should be open to all potential litigants without fear of punishment. Only in extreme cases where every legal requirement is met can the physician win. This is one reason why many physicians shy away from pursuing them. The cost in time and money with such a small chance of success is often not worth it to many physicians, who just want to get on with their lives after a distasteful encounter with the legal system. Some, however, are taking on this challenge with the hope that it will deter future frivolous suits. 3 Physicians may pursue a countersuit under two theories: malicious prosecution and abuse of process. 4 Each theory is described below. Other legal theories, such as defamation, infliction of emotional distress, invasion of privacy, legal malpractice, prima facie tort, violation of attorney s ethical code, willful and wanton institution of a lawsuit, harassment, and civil rights violation, have not been successful and probably will not be in the future. Malicious Prosecution Malicious prosecution is the most likely theory under which a physician may prevail on a countersuit. However, even malicious prosecution is difficult to win and the physician must prove each element of the claim. Those elements are as follows: The defendant filed a lawsuit against the physician; The suit was filed or continued without probable cause; The defendant filed the suit with malice; A favorable termination of the underlying lawsuit; and Injury to the physician as a result of the suit. The first element, the defendant filing a lawsuit against the physician, is obvious from the record and is rarely the subject of dispute. The second element, probable cause, is often difficult to prove. Probable cause means that a person or attorney, based upon the facts known at the time the suit was instituted, reasonably believed they could win the case. Lack of probable cause may occur where the attorney intentionally ignored certain facts or did not reasonably investigate the facts of the case. Probable cause may arise from certain facts such as a thorough investigation of the case by the attorney or utilizing an expert witness. The fact that the attorney does not have an expert witness at the time of filing, however, does not prove a lack of probable cause. Neither does a less than thorough investigation, especially where time is limited. Even if the facts of the case prove to be weak, as long as there was a reasonable belief that the facts merited litigation, there is probable cause. Clearly, the element of lack of probable cause is a major barrier to successfully winning a malicious prosecution claim. The third element, malice, requires a wrongful purpose or motive. It means pursuing a legal claim for a purpose other than appropriately adjudicating a claim. It does not arise, however, solely from a contingent-fee arrangement. It is often inferred by proving a lack of probable cause.

4 Ch26-A /18/06 1:47 PM Page Malpractice Lawsuit Resolution The fourth element, a favorable termination of the underlying malpractice suit, must somehow reflect the merits of the claim. A favorable termination may occur where the physician wins at trial, wins summary judgment, gains a dismissal in his or her favor on the merits, or where the plaintiff drops the suit because there is no case. A favorable termination cannot occur where the physician loses at trial, settles out of court, or gains a dismissal on technical grounds, since none of these is reflective of the merits of the claim. The fifth element, injury to the physician, requires that the physician suffer some type of definable injury as a result of the suit. Some jurisdictions require a special injury to the physician beyond the injuries normally sustained in any litigation. Injuries that do not qualify as special include defamation, mental suffering, loss of income, cost of defending the suit, or increased malpractice premiums or cancellation of the malpractice policy. One court found that a special injury occurred when the physician s reputation was assailed. All in all, special injuries are very difficult to prove. With respect to the physicians in the above case, Dr. Soused will not be able to win his claim for malicious prosecution. Although the lawsuit was filed against him with malice and there was clearly no probable cause that he in any way contributed to Mrs. Yoo s infection with hepatitis C, he loses because he settled. Settlement is not a favorable termination in the physician s favor, and so fails to prove all of the elements of the claim. With respect to Dr. Divine, his suit will not prevail and will likely be dismissed before going to trial. Since his suit is still pending, there has not been a favorable termination in his favor. If he wins at trial he may be able to refile his claim. Even then, he will have a difficult time proving there was a lack of probable cause. As the surgeon, he had a duty to explain the risks and benefits of the procedure of the patient and discuss other options. Since it is unclear whether he discussed the possibility of an off the pump procedure with the patient, there very well may be probable cause against Dr. Divine. With respect to Dr. Smarty Pants, he does not have a claim for malicious prosecution either. Although there is no probable cause for the suit, and there is evidence of malice shown from the nature of the suit, there has been no favorable termination of the suit in his favor. Since his suit was dismissed on technical grounds, this dismissal does not reflect on the merits of the case. Therefore, he loses his malicious prosecution countersuit. Finally, with respect to Dr. Brilliant, she may have a claim, although she will have difficulty proving special injuries if her state requires it. The suit was filed against her with a profound lack of probable cause. In fact, she found a very serious medical problem and took appropriate action to investigate and treat it. The nature of the suit and the behavior of the attorneys imply malice. Further, she had a termination of the underlying malpractice suit in her favor since it was dismissed for cause. In a state that does not require special injuries, she appears to have a strong case. However, in a state that does require special injuries, she may have trouble. Her injuries involve the cost of the suit, injury to her reputation, and emotional stress associated with being sued. Since none of these injuries rises beyond those normally sustained by a physician in litigation, she will be unable to prove special injuries and would not prevail in these jurisdictions.

5 Ch26-A /18/06 1:47 PM Page 283 Countersuits by Physicians 283 Abuse of Process Abuse of process is a second theory under which a physician may countersue for a frivolous lawsuit. It is less likely to be successful and courts are also averse to ruling against patients under this theory. To succeed in proving an abuse of process case, a physician must prove all of the following: The plaintiff or the attorney made an improper use of the legal process, With an ulterior motive, And the physician as a result was injured. To prove the first two elements, the physician must show that the legal process was used to obtain an end unintended by law not regularly or legally obtainable. An ulterior motive alone is not enough. There must be a perversion of the legal system for an improper purpose. One example of such a perversion of the legal process is where someone filed a suit solely to coerce a nuisance settlement from the physician. In this case, there was clear evidence that the physician did nothing wrong. The attorney did not investigate the case, took no depositions, and did not hire an expert. In this case, there is evidence of abuse of process. However, if a plaintiff or attorney simply files a lawsuit with the hope of forcing a settlement, this in itself is not abuse of process since settlement is a recognized goal of the legal system. Even egregious acts by the attorney, such as calling a physician incompetent, a liar, and a scoundrel at trial, although indecorous, would not rise to the level of abuse of process. Evidence of abuse of process would include a willful act of using the legal process to obtain a collateral advantage or coerce another. Some type of overt act is needed to shows that the legal process was misused. In addition to proving an improper use of process and an ulterior motive, the physician must prove that he or she was injured from the suit. There must be an actual injury to the person or property, and injury to a physician s good name or reputation would not qualify as an injury. However, special damages are not required in abuse of process claims. With respect to each of the physicians in the clinical case, Dr. Divine is unlikely to prevail in the abuse of process case. There is no evidence that the suit was filed for an ulterior purpose or that the legal process was misused. In fact, the case against Dr. Divine appears to be an appropriate use of the legal process to resolve a legitimate claim. With respect to Dr. Brilliant and Dr. Pants, their countersuits for abuse of process are stronger than Dr. Divine s, but they still are unlikely to prevail. Although the malpractice suits against both of these physicians appear to be nuisance suits, there is no overt evidence of an ulterior motive and perversion of the legal process. The lawyers in both cases could argue they were simply using the legal process to adjudicate potential claims and that this is an appropriate purpose of the legal system. The mere filing of a lawsuit is not in itself an abuse of process. Therefore, both Dr. Pants and Dr. Brilliant are unlikely to prevail on their countersuit. With respect to Dr. Soused, his claim for abuse of process seems the strongest. Under this theory, favorable termination of the proceedings is

6 Ch26-A /18/06 1:47 PM Page Malpractice Lawsuit Resolution not required. The letter from Larry, Mo, and Curly clearly shows their effort to coerce money from Dr. Soused and to threaten him with public embarrassment. Although settlement is an appropriate goal of the legal system, extortion is not. The attorneys in this case clearly perverted the legal system for an ulterior purpose and Dr. Soused was injured as a result. Consequently, he should prevail on countersuit under this theory. SURVIVAL STRATEGIES Practice Good Medicine This goes without saying, but the best defense against malpractice in general is practicing sound medicine and taking good care of your patients. Since winning a malicious prosecution case requires an outcome in your favor and a lack of probable cause, sound medical practice is the first part of winning a countersuit. Keep Accurate and Complete Records This applies to medical records as well as all records involving any potential litigation. In the medical record, document your thought process, your recommendations to the patient, and the patient s response to treatment. Document any noncompliance on the patient s part. Further, keep copies and records of all communications related to any actual or potential litigation. These records may help prove any malice or ulterior purpose down the road. Plan Early for a Countersuit Discuss with your attorney early any thoughts you might have in bringing a countersuit. During the process of a lawsuit, several pitfalls may arise that can thwart a successful countersuit. It is important to think about a countersuit early in the process to plan for this. Know What You Want As stated earlier, physician countersuits are difficult to win and prosecuting one, especially just after you have been sued, can be emotionally challenging. You need to know if you have the energy to pursue this legal option and what you specifically hope to gain from the process. FURTHER READING Lee BH. Countersuits by Health Care Providers In Legal Medicine/American College of Legal Medicine, 7th ed, ed. S. Sandy Sanbar et al. Philadelphia: Mosby, A.L.R. 5th 307. Contributory negligence or comparative negligence based on failure of patient to follow instructions as defense in action against physician.

7 Ch26-A /18/06 1:47 PM Page 285 Countersuits by Physicians 285 Brennan TA; Sox CM; Burstin HR. Relation Between Negligent Adverse Events and the Outcomes of Medical-Malpractice Litigation. 335 New Eng. J. Med (1996). Rawson J; Wong v. Tabor: The Latest Word in Physician-Attorney Countersuits. 17 Valparaiso Law Rev. 153 (1983). REFERENCES 1. McCammon K, Fighting Fire with Fire: Physician Countersuits. Medical Sentinel 7(3): 88 (2002) Am. Jur. 2d Physicians, Surgeons, etc Witlin L, Countersuits by Medical Malpractice Defendants against Attorneys. 9 J. Legal Medicine 421 (1988). 4. Dutt v. Kremp, 111 Nev. 567, 894 P. 2d 354 (1995), a case involving malicious prosecution and abuse of process claims. See also Epps v. Vogel, 454 A. 2d 320 (D.C. Ct. App. 1982), because of loss of income, several doctors sued the lawyer who had represented a group; and Wong v. Tabor, 422 N.E. 2d 1279 (Ind. Ct. App. 3d Dist. 1981), involving malicious prosecution.

8 Ch26-A /18/06 1:47 PM Page 286

Advocate Magazine March 2011. Why medical malpractice still matters.

Advocate Magazine March 2011. Why medical malpractice still matters. Advocate Magazine March 2011 Why medical malpractice still matters. Despite MICRA limitations, medical-negligence claims still have a crucial role in society BY BRUCE G. FAGEL We all know the statistics

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Medical Malpractice: What You Don t Know Can Hurt You

Medical Malpractice: What You Don t Know Can Hurt You Medical Malpractice: What You Don t Know Can Hurt You O. William Brown, MD, JD Chief, Division of Vascular Surgery William Beaumont Hospital Interim Chief, Division of Vascular Surgery Wayne State University

More information

Automobile Negligence Lawsuits

Automobile Negligence Lawsuits SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently

More information

Common Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams

Common Myths About Personal Injury and Wrongful Death Cases 1. By B. Keith Williams Common Myths About Personal Injury and Wrongful Death Cases 1 By B. Keith Williams There are several myths about accident cases and the attorneys that handle them. It is important to keep these myths in

More information

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE?

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? Medical malpractice is a broad term used to describe a number of different kinds of lawsuits brought against doctors and hospitals.

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION

Arizona State Senate Issue Paper June 22, 2010 MEDICAL MALPRACTICE. Statute of Limitations. Note to Reader: INTRODUCTION Arizona State Senate Issue Paper June 22, 2010 Note to Reader: The Senate Research Staff provides nonpartisan, objective legislative research, policy analysis and related assistance to the members of the

More information

James H. Greene and Mennie Johnson sued Cash America and other Defendants alleging that they made improper and unlawful payday loans.

James H. Greene and Mennie Johnson sued Cash America and other Defendants alleging that they made improper and unlawful payday loans. THE STATE COURT OF COBB COUNTY, GEORGIA THIS IS A COURT ORDERED LEGAL NOTICE You may be affected by a class action lawsuit if you received a payday loan from or had a loan serviced by Georgia Cash America,

More information

Blowing the Whistle on Accounting Fraud: The Sarbanes-Oxley Whistleblower Protections Act At A Glance

Blowing the Whistle on Accounting Fraud: The Sarbanes-Oxley Whistleblower Protections Act At A Glance Blowing the Whistle on Accounting Fraud: The Sarbanes-Oxley Whistleblower Protections Act At A Glance A White Paper for Finance Professionals by David J. Marshall and Nicole J. Williams 1 Katz, Marshall

More information

Abe DeAnda Jr., MD. Associate Professor, Department of Cardiothoracic Surgery NYU Langone Medical Center

Abe DeAnda Jr., MD. Associate Professor, Department of Cardiothoracic Surgery NYU Langone Medical Center Malpractice in Cardiac Surgery is the End Result of Bad Lawyers Abe DeAnda Jr., MD Associate Professor, Department of Cardiothoracic Surgery NYU Langone Medical Center Presenter Disclosure Information

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

Medical Malpractice BAD DOCTORS. G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York

Medical Malpractice BAD DOCTORS. G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York Medical Malpractice BAD DOCTORS G. Randall Green, MD, JD St. Joseph s Hospital Health Center Syracuse, New York The nature of the crisis US not in a medical malpractice litigation crisis US in a medical

More information

Question 11 February 2013 Selected Answer 1

Question 11 February 2013 Selected Answer 1 Question 11 February 2013 Selected Answer 1 1. Yes, Hospital is liable for Dan's wrongful debt collection under the TDCA. The Texas Debt Collection acts prohibits a specifically enumerated list of specific

More information

Lowcountry Injury Law

Lowcountry Injury Law Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com

More information

The Effect of Product Safety Regulatory Compliance

The Effect of Product Safety Regulatory Compliance PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere

More information

Three ways to sue health care providers

Three ways to sue health care providers Three ways to sue health care providers Professional negligence Informed consent Medical battery Medical Malpractice / Professional Negligence Professor Eric E. Johnson Torts ericejohnson.com Copyright

More information

The Malpractice Lawsuit:

The Malpractice Lawsuit: The Malpractice Lawsuit: Process and Prevention Advocate Health Care 7 th Annual Advocate Trauma Symposium Wyndham Lisle - Chicago November 18, 2010 Rogelio Lasso The John Marshall Law School BACKGROUND

More information

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY

MICHAEL D. WAKS LONG BEACH PERSONAL INJURY ATTORNEY WHAT IS LEGAL MALPRACTICE IN CALIFORNIA? A client who sustains harm as a direct result of legal malpractice can file a civil lawsuit against the attorney who was responsible for causing that harm. MICHAEL

More information

UNIVERSITY OF MARYLAND SCHOOL OF LAW. LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991

UNIVERSITY OF MARYLAND SCHOOL OF LAW. LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991 UNIVERSITY OF MARYLAND SCHOOL OF LAW LEGAL METHOD-CIVIL PROCEDURE (3 Hours) Day Division Wednesday, December 18, 1991 Professor Condlin - Section B 9:10 a.m. - 12:10 p.m. No. Signature: Printed Name: INSTRUCTIONS:

More information

LEGAL ISSUES IN WOUND CARE

LEGAL ISSUES IN WOUND CARE LEGAL ISSUES IN WOUND CARE Contents Litigation.................................... 3 Standards of Care for Wound Care Practice.......... 3 Negligence................................... 4 Malpractice...................................

More information

Cooper Hurley Injury Lawyers

Cooper Hurley Injury Lawyers Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014

More information

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations.

trial court and Court of Appeals found that the Plaintiff's case was barred by the statute of limitations. RESULTS Appellate Court upholds decision that malpractice action barred September 2, 2015 The South Carolina Court of Appeals recently upheld a summary judgment obtained by David Overstreet and Mike McCall

More information

BAD FAITH LAW IN INDIANA

BAD FAITH LAW IN INDIANA BAD FAITH LAW IN INDIANA CINCINNATI, OH COLUMBUS, OH DETROIT, MI FT. MITCHELL, KY ORLANDO, FL SARASOTA, FL www.smithrolfes.com 2012 I. OVERVIEW OF INDIANA BAD FAITH LAW Indiana recognizes a common-law

More information

SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE

SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE These instructions will be in three parts: first, general rules that define and control your duties

More information

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction

What Trustees Should Know About Florida s New Attorneys Fee Statute. By David P. Hathaway and David J. Akins. Introduction What Trustees Should Know About Florida s New Attorneys Fee Statute By David P. Hathaway and David J. Akins Introduction More and more lawsuits are filed in Florida alleging that the trustee of a trust

More information

MALICIOUS PROSECTION

MALICIOUS PROSECTION MALICIOUS PROSECTION DALE JEFFERSON, Houston Martin, Disiere, Jefferson & Wisdom, L.L.P. State Bar of Texas CAUSES OF ACTION March 30-31, 2006 - Irving April 6-7, 2006 Houston CHAPTER 18 MALICIOUS

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

Mandatory Arbitration

Mandatory Arbitration Mandatory Arbitration The Alternative To Trial By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 info@injurytriallawyer.com Copyright 2007 by Christopher Michael

More information

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3527. New Act 225 ILCS 60/29 from Ch. 111, par. 4400-29

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3527. New Act 225 ILCS 60/29 from Ch. 111, par. 4400-29 *LRB0ASKb* TH GENERAL ASSEMBLY State of Illinois 00 and 00 SB Introduced /0/00, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: New Act ILCS 0/ from Ch., par. 00- Creates the Affordable Health Care Act and

More information

It s important to understand the process and react properly when it occurs.

It s important to understand the process and react properly when it occurs. Doctor, You ve Been Sued! It s important to understand the process and react properly when it occurs. By Howard S. Rosenbaum, DPM Malpractice suits are terrifying events for most podiatric physicians.

More information

HOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE

HOW MUCH MONEY IS WORTH? MY SLIP AND FALL CASE HOW MUCH MONEY IS MY SLIP AND FALL CASE WORTH? Knowledge of the Value of Your Claim Can Help You to Determine If a Settlement Offer Is Reasonable and Appropriate Given the Circumstances of the Fall and

More information

UNDERSTANDING TORT REFORM

UNDERSTANDING TORT REFORM A White Paper Presented by UNDERSTANDING TORT REFORM A ROADMAP UNDERSTANDING TORT REFORM A ROADMAP If you lived in California during the 2014 election cycle, you may have heard of something called tort

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT If you settled a personal injury or worker s compensation claim with Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company,

More information

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future

Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future TEXAS AUTO ACCIDENTS Auto accidents can cause thousands or even millions of dollars in losses due to medical expenditures, an inability to work, a reduction in future earnings, or the untimely death of

More information

Public Policy Position

Public Policy Position ISSUE In line with the overall tort system, the purpose of medical malpractice liability is to compensate patients who suffer an injury as a result of medical negligence. However, an effective tort system

More information

5 FUNDAMENTALS OF UNCOMPROMISING ADVOCACY. By Anthony Castelli Auto Accident and Personal Injury Attorney

5 FUNDAMENTALS OF UNCOMPROMISING ADVOCACY. By Anthony Castelli Auto Accident and Personal Injury Attorney 5 FUNDAMENTALS OF UNCOMPROMISING ADVOCACY By Anthony Castelli Auto Accident and Personal Injury Attorney INTRODUCTION If you ve been seriously harmed in a car accident, getting a fair settlement can be

More information

The #1 Myth About Ohio Tort Reform: You Cannot Lose Your Assets in a Medical Malpractice Lawsuit. David B. Mandell, Brian C. Layman, Tamara L.

The #1 Myth About Ohio Tort Reform: You Cannot Lose Your Assets in a Medical Malpractice Lawsuit. David B. Mandell, Brian C. Layman, Tamara L. The #1 Myth About Ohio Tort Reform: You Cannot Lose Your Assets in a Medical Malpractice Lawsuit David B. Mandell, Brian C. Layman, Tamara L. Bogner As consultants to physicians, we encounter many misconceptions

More information

Chapter Two Liability Coverage

Chapter Two Liability Coverage Chapter Two Liability Coverage How Does a Business Become Liable for Injuries to Others? When we say a business is liable for injuries to others, we mean that they are legally responsible for them. It

More information

RELENTLESS INNOVATIVE EFFECTIVE

RELENTLESS INNOVATIVE EFFECTIVE RELENTLESS INNOVATIVE EFFECTIVE Salehi & Associates, P.C. 12400 Wilshire Blvd., Suite 1300 Los Angeles, CA 90025 Ph: (310) 820-3366 Fax: (310) 820-3361 Website: www.salehiassoc.com Email: salehiassoc@lawyer.com

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq.

Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq. Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq. Florida Continues as National Leader in Disciplinary

More information

WHAT HAPPENS IN A PERSONAL INJURY CASE

WHAT HAPPENS IN A PERSONAL INJURY CASE WHAT HAPPENS IN A PERSONAL INJURY CASE From Negotiating With Insurance Companies To Trial By Michael A. Schafer, Attorney at Law 440 South Seventh Street, Ste. 200 Louisville, Kentucky 40203 (502) 584-9511

More information

Eleventh Court of Appeals

Eleventh Court of Appeals Opinion filed March 14, 2014 In The Eleventh Court of Appeals No. 11-13-00119-CV BRENT BATES BUILDERS, INC. AND BRENT BATES, INDIVIDUALLY, Appellants V. RAHUL MALHOTRA, INDIVIDUALLY AND D/B/A THE MALHOTRA

More information

SO YOU THINK YOU WANT TO FIRE YOUR LAWYER?

SO YOU THINK YOU WANT TO FIRE YOUR LAWYER? SO YOU THINK YOU WANT TO FIRE YOUR LAWYER? ANSWERS TO THE MOST COMMON QUESTIONS ABOUT THE PROCESS Guy S. DiMartino, DC, JD Florida Board Certified Civil Trial Lawyer Stuart, Florida (772) 337-3333 Phone

More information

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate.

This briefing paper summarizes the measures the Montana Legislature has put into place to improve the state's medical liability climate. SRJ 35: Study of Health Care Medical Malpractice: Montana's Approach to Limiting Liability by Sue O'Connell, Research Analyst Prepared for the Children, Families, Health, and Human Services Interim Committee

More information

Blowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections Act At A Glance

Blowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections Act At A Glance Blowing the Whistle on Nuclear Safety Lapses: Federal Whistleblower Protections Act At A Glance by David J. Marshall 1 Katz, Marshall & Banks, LLP www.kmblegal.com Following decades of opposition from

More information

WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS

WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS I. Synopsis WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS The objective of the seminar, Medical Liability and Public Health, is to

More information

Mitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False

Mitigating Legal and Ethical Risks. Conflict of Interest. Goals. True or False. True or False Mitigating Legal and Ethical Risks Patrick O Rourke, JD Julie Altmix, RN, BSN University of Colorado Denver School of Medicine Conflict of Interest We have no conflicts of interest, commercial or otherwise,

More information

FURR & HENSHAW. http://www.scmedicalmalpractice.com

FURR & HENSHAW. http://www.scmedicalmalpractice.com FURR & HENSHAW http://www.scmedicalmalpractice.com 1900 Oak Street Post Office Box 2909 Myrtle Beach, South Carolina 29578 (843) 626-7621 (800) 849-2525 fho@sc.rr.com and 1534 Blanding Street Columbia,

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Affirmed and Opinion filed February 7, 2002. In The Fourteenth Court of Appeals NO. 14-00-01144-CV ANTONIO GARCIA, JR., Appellant V. PALESTINE MEMORIAL HOSPITAL, n/k/a MEMORIAL MOTHER FRANCES HOSPITAL,

More information

The HIDDEN COST Of Proving Your Innocence

The HIDDEN COST Of Proving Your Innocence The HIDDEN COST Of Proving Your Innocence Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year, or about 6,850 times per day. This means that each

More information

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3). UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT

More information

Physicians on Medical Malpractice Reform Options

Physicians on Medical Malpractice Reform Options Physicians on Medical Malpractice Reform Options Survey Methodology This survey was conducted online from August 31 October 31, 2012. Invitations for the survey were emailed to physicians who have been

More information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery

More information

The In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus

The In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus The In s and Out s of School Law: What You Need to Know Dr. Lee Banton, Professor Emeritus The very first act of a teacher is signing a legal document the contract! Read, study and understand the contract

More information

THE AMERICAN LAW INSTITUTE Continuing Legal Education

THE AMERICAN LAW INSTITUTE Continuing Legal Education 9 THE AMERICAN LAW INSTITUTE Continuing Legal Education Third Party Litigation Funding: Pros, Cons, and How It Works November 1, 2012 Telephone Seminar/Audio Webcast Alternative Litigation Funding Conference

More information

Notice of Collective Action and Opportunity to Join

Notice of Collective Action and Opportunity to Join Notice of Collective Action and Opportunity to Join THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ CAREFULLY To: Former Federal Bureau of Investigation ( FBI ) trainees who attended New Agent ( NA ) training

More information

Things You Should Know About Your Child s Personal Injury Case

Things You Should Know About Your Child s Personal Injury Case Things You Should Know About Your Child s Personal Injury Case Virginia law treats often children differently than it treats adults for many reasons. Children are not considered mature enough to understand

More information

The Basics of Sexual Harassment

The Basics of Sexual Harassment The Basics of Sexual Harassment Sexual Harassment is a violation both of Federal Law and the laws of most states. For employers, it is fairly easy to take steps to prevent sexual harassment and to defeat

More information

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute.

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute. osition Official Title and Summary Prepared by the Attorney General Requires drug and alcohol testing of doctors and reporting of positive test to the California Medical Board. Requires Board to suspend

More information

EXAMINATION CIVIL PROCEDURE II -- LAW 6213. Section 13 -- Siegel. Spring 2014 INSTRUCTIONS

EXAMINATION CIVIL PROCEDURE II -- LAW 6213. Section 13 -- Siegel. Spring 2014 INSTRUCTIONS GWid: EXAMINATION CIVIL PROCEDURE II -- LAW 6213 Section 13 -- Siegel Spring 2014 INSTRUCTIONS 1. This is an open book examination. You may use any written materials that you have brought with you (including

More information

Malpractice Reform: In Search of an Approach that is Rational, Fair, and Promotes Quality Improvement

Malpractice Reform: In Search of an Approach that is Rational, Fair, and Promotes Quality Improvement Malpractice Reform: In Search of an Approach that is Rational, Fair, and Promotes Quality Improvement Joshua B. Murphy, JD Mayo Clinic Legal Department Rochester, MN Presenter Disclosures Joshua B. Murphy,

More information

Hip Replacement Recall. A Special Report

Hip Replacement Recall. A Special Report Hip Replacement Recall A Special Report What You MUST Know About Metal Toxicity and the Seven Biggest Mistakes that could prevent you from getting the compensation you deserve Your Hip Recall Help Team

More information

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. No. 2:08-md-01919-MJP. Lead Case No. C07-1874 MJP

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE. No. 2:08-md-01919-MJP. Lead Case No. C07-1874 MJP UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE IN RE WASHINGTON MUTUAL, INC. SECURITIES, DERIVATIVE AND ERISA LITIGATION This Document Relates to: ERISA Action No. 2:08-md-01919-MJP

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2014-CA-01382-COA JACKSON CARDIOLOGY ASSOCIATES, P. A.

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2014-CA-01382-COA JACKSON CARDIOLOGY ASSOCIATES, P. A. IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2014-CA-01382-COA ROSIE MOORE APPELLANT v. JACKSON CARDIOLOGY ASSOCIATES, P. A. APPELLEE DATE OF JUDGMENT: 08/28/2014 TRIAL JUDGE: HON. WILLIAM A.

More information

Virtual Mentor American Medical Association Journal of Ethics September 2011, Volume 13, Number 9: 637-641.

Virtual Mentor American Medical Association Journal of Ethics September 2011, Volume 13, Number 9: 637-641. Virtual Mentor American Medical Association Journal of Ethics September 2011, Volume 13, Number 9: 637-641. HEALTH LAW The Jury Is Still Out on Health Courts Valarie Blake, JD, MA In many physicians minds,

More information

Medical Malpractice Litigation. What to Expect as a Defendant

Medical Malpractice Litigation. What to Expect as a Defendant Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Creditor Lawsuits Handbook

Creditor Lawsuits Handbook Creditor Lawsuits Handbook In Magisterial District Court A Handbook for people dealing with creditor lawsuits, including information on such suits and common defenses. Revised July 2009 Introduction This

More information

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute.

Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute. Proposition 46 Drug and Alcohol Testing of Doctors. Medical Negligence Lawsuits. Initiative Statute. Yes/No Statement A YES vote on this measure means: The cap on medical malpractice damages for such things

More information

LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283

LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283 LAW OFFICE OF JILLIAN T. WEISS, P.C. P.O. BOX 642 TUXEDO PARK, NEW YORK 10987 (845) 709-3237 Fax: (845) 915-3283 INFORMATION ABOUT CLIENT REPRESENTATION Thank you for considering retaining the Law Office

More information

CHAPTER 2011-233. Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No.

CHAPTER 2011-233. Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. CHAPTER 2011-233 Committee Substitute for Committee Substitute for Committee Substitute for Committee Substitute for House Bill No. 479 An act relating to medical malpractice; creating ss. 458.3175, 459.0066,

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law

Minnesota Professional & Medical Malpractice Law. Professional & Medical Malpractice Law Minnesota Professional & Medical Malpractice Law Personal Injury Law: Professional & Medical Malpractice o Legal Malpractice Duty Breach Injury Proximate Cause o Medical Malpractice Duty Breach Injury

More information

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to

More information

Hip Transplant Detailed Study

Hip Transplant Detailed Study Hip Transplant Detailed Study INTRODUCTION This case involves four patients who underwent hip replacements with a "metal-on-metal" device designed and manufactured by "Replacement Manufacturer." The patients

More information

INVESTIGATIONS GONE WILD: Potential Claims By Employees

INVESTIGATIONS GONE WILD: Potential Claims By Employees INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may

More information

Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky.

Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky. So You've Been Accused of Legal Malpractice? Well, Don't Just Do Something - Sit There! Del O'Roark, Loss Prevention Consultant, Lawyers Mutual Insurance Co. of Ky. KBA Bench & Bar, Vol. 58 No. 1, Winter

More information

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT ASK TO BE INCLUDED DO NOTHING

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT ASK TO BE INCLUDED DO NOTHING If you were a Store Manager employed at a payday loan service location operated by Washington County Financial Management Company, LLC, a collective action lawsuit may affect your rights. Store Managers

More information

Chapter One: Understanding Your Business Risks...1 Five Strategies for Managing Your Risks...2

Chapter One: Understanding Your Business Risks...1 Five Strategies for Managing Your Risks...2 Contents Introduction Part I: Managing Your Business Risks Chapter One: Understanding Your Business Risks.......................1 Five Strategies for Managing Your Risks..............................2

More information

Examining Elements to Prepare the Pediatric Practitioner

Examining Elements to Prepare the Pediatric Practitioner Mock Trial Examining Elements to Prepare the Pediatric Practitioner Brian G. Wilhelmi M.D./J.D., Eric V. Jackson M.D./M.B.A., Robert S. Greenberg M.D., Brian J. McNamara J.D. 1 Educational Objectives Upon

More information

Potential legal opinion liability for Ohio business lawyers

Potential legal opinion liability for Ohio business lawyers Potential legal opinion liability for Ohio business lawyers by Phillip M. Callesen and James W. May Lawyers know that one of the biggest risks of practicing law is that a client may sue the lawyer for

More information

DEALING WITH POLICE MISCONDUCT OR EXCESSIVE FORCE IN WISCONSIN

DEALING WITH POLICE MISCONDUCT OR EXCESSIVE FORCE IN WISCONSIN DEALING WITH POLICE MISCONDUCT OR EXCESSIVE FORCE IN WISCONSIN Written by: Jonathan S. Safran This guide attempts to answer some of the most common questions and provides a basic understanding of the steps

More information

Chapter 11 Torts in the Business Environment

Chapter 11 Torts in the Business Environment Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the

More information

Your Personal Guide To Your Personal Injury Lawsuit

Your Personal Guide To Your Personal Injury Lawsuit Your Personal Guide To Your Personal Injury Lawsuit Know How To Do Things Right When You ve Been Wronged You have questions. And most likely, you have a lot of them. The good news is that this is completely

More information

A court authorized this notice. This is not a solicitation from a lawyer.

A court authorized this notice. This is not a solicitation from a lawyer. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE If you are or were employed by Boeing, and you are Cambodian, Vietnamese, Indian, Pakistani, Afghani, Iranian or Filipino,

More information

C.M. Haughey Solicitors Compensation Guide

C.M. Haughey Solicitors Compensation Guide C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located

More information

SETTLEMENT AGREEMENT AND GENERAL RELEASE. There is no one size fits all. However, there are some general terms that are usually in the agreement.

SETTLEMENT AGREEMENT AND GENERAL RELEASE. There is no one size fits all. However, there are some general terms that are usually in the agreement. SETTLEMENT AGREEMENT AND GENERAL RELEASE There is no one size fits all. However, there are some general terms that are usually in the agreement. Payment Terms. Parties should agree on the amount if money

More information

Reptile Theory: A Tail of Two Reptiles. Julia B. Semenak

Reptile Theory: A Tail of Two Reptiles. Julia B. Semenak Reptile Theory: A Tail of Two Reptiles Julia B. Semenak If phrases like safety rules and community safety sound familiar, you have likely encountered a plaintiff s lawyer using the strategies set forth

More information

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,

More information

Injury Case Roadmap. The Legal Process For Personal Injury Cases. By Christopher M. Davis, Attorney at Law

Injury Case Roadmap. The Legal Process For Personal Injury Cases. By Christopher M. Davis, Attorney at Law Injury Case Roadmap The Legal Process For Personal Injury Cases By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis Law Group,

More information

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured

Injured on the Job. Your Rights under FELA. Quick Facts: What To Do If Injured Injured on the Job Your Rights under FELA Quick Facts: What To Do If Injured 1. Consult your own doctor for treatment. Give your doctor a complete history of how your injury happened. Make sure that the

More information

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and

FURR & HENSHAW. 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621. and FURR & HENSHAW 1900 Oak Street, P.O. Box 2909 Myrtle Beach, SC 29578 Phone: (843) 626-7621 and 1534 Blanding Street Columbia, SC 29201 Phone: (803) 252-4050 YOUR AUTOMOBILE ACCIDENT CASE The purpose of

More information

Case 1:09-cv-00600-CCB Document 43 Filed 01/28/11 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

Case 1:09-cv-00600-CCB Document 43 Filed 01/28/11 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND Case 1:09-cv-00600-CCB Document 43 Filed 01/28/11 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND EDWARD L. HOWLETTE, JR., et al. * * * v. * CIVIL NO. CCB-09-600 HALL, ESTILL,

More information

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement

If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement United States District Court for the Northern District of California If You Purchased StarKist Tuna, You May Benefit From A Proposed Class Action Settlement A federal court authorized this notice. This

More information

How David beat Goliath: History of physicians fighting frivolous lawsuits

How David beat Goliath: History of physicians fighting frivolous lawsuits How David beat Goliath: History of physicians fighting frivolous lawsuits A. Dippolito, MD 1,2, B. M. Braslow, MD 2,3, G. Lombardo, MD 2,3, K. M. Hoddinott, MD 1, G. Nace, MD 4, S. P. Stawicki, MD 2 1

More information