How NOT to Commit Medical Malpractice

Size: px
Start display at page:

Download "How NOT to Commit Medical Malpractice"

Transcription

1 Herschel R. Lessin MD, FAAP Senior Partner The Children s Medical Group Poughkeepsie, NY 25 Years Experience as an Expert Witness For Both Defense and Planitiff Disclosure I have been an expert witness in Pediatric Malpractice issues for 25 years, reviewing for both plaintiff and defense I am a senior consultant with the Verden Group. I do not intend to discuss an unapproved or investigative use of a commercial product or device. I am not an attorney and I am not qualified to answer legal questions. The information provided during this session is general in scope and educational in content. This presentation is a general overview and should not be construed as providing specific legal advice. Different facts and circumstances may dictate that a different rule or law may apply. If you need a legal opinion you will need to contact your legal advisor in your own state. Section on Administration and Practice Management (SOAPM) Home to pediatricians interested or involved with the management or administration of pediatric practices. Provides both basic and cutting edge administration and practice management information to its members. BENEFITS: SOAPM LISTSERV discussions SOAPM s newsletter soapmnews (bi-annual) Pediatric Practice Managers Alliance SOAPM NCE programs Open to all FAAPs, Resident Fellows, and eligible Affiliate Members with an interest or active in practice management. Applications for Fellows and Affiliate Members are available on the AAP Member Center at: Practice Support AAP.ORG A centralized, on-line Pediatric Practice Management resource that supports Pediatricians and practice managers in running a practice that is fiscally sound and efficient, and provides quality health care to children and families. Sample office documents- can be modified and 5 key areas: Practice Basics, Payment and Finance, Office Operations, Quality Improvement, and Patient Management that includes the following: Tools and resources- addresses hot topic issues (e.g Retail based Clinics, vaccine payment, private payer negotiations) used at your practice Handbooks- Starting in Practice, Payment for Telephone Care Personnel- sample job descriptions The AAP Practice Support Page can be accessed directly at Herschel R. Lessin MD, FAAP Senior Partner The Children s Medical Group Poughkeepsie, NY 25 Years Experience as an Expert Witness For Both Defense and Planitiff

2 THE EXPERT WITNESS HOW DO I SLEEP AT NIGHT? Being a physician is like being the president of a diving board company you are going to get sued Erle Peacock Jr. MD, JD We need honest doctors to do this It provides a service to the profession It is educational and helpful to my practice It is educational and helpful to me It is interesting and challenging It pays well (but is not for the faint of heart, and don t give up your day job) THE EXPERT WITNESS Assists the Court and the Triers of Fact i.e. THE JURY Submits an expert opinion and its basis Preventing a Malpractice Action: BULLET-PROOFING WHAT YOU DO Tells the truth Does not become an advocate BULLET-PROOFING WHAT YOU DO BAD OUTCOME LAWSUIT ATTITUDE There is only one lawsuit filed for each 7.6 medically negligent acts. (NEJM 7/25/91)

3 A study comparing high suit vs. low suit OB/GYN s showed: NO DIFFERENCE IN QUALITY OF CARE!!! What was the difference? BEDSIDE MANNER!! 25% of MD s did not solicit the patient s concerns - why are you here and how can I help? When they did ask patient s concerns, patients were allowed to complete their statements only 28% of the time. Patients were allowed to speak an average of 23 seconds before they were interrupted by the MD. It only took an average of 6 more seconds for the patient to finish their story. (Marvel, et al JAMA 28:81 No ) Primary care MD s who were never sued: Educated patients about what to expect Laughed & used humor (Is the patient laughing?) Solicited patient s opinions Checked patient s understanding Encouraged patients to talk Spent more time on routine visits (Levinson,JAMA 2/19/97) I always felt rushed He didn t listen He didn t have any concern for me as a person My doctor couldn t be reached by phone I waited 45 minutes to be seen ( Hickson, et al, JAMA, 11/94) A review of plaintiff depositions revealed that 71% of lawsuits were triggered by problematic relationships: Lack of Caring Unwillingness to Collaborate with Patient/Family Unavailability Discounting Concerns of Patient/Family Poor Delivery of Information Lack of Understanding of Patient/Family Perspective (Beckman, et al, ArchIntMed:1994:154: ) A Good Patient Relationship with Trust and Communication: DECREASED CLAIMS AFTER POOR MEDICAL OUTCOME Adverse outcome plus poor relationship: LAWSUIT

4 THE DISNEY CONCEPT OF PEDIATRIC PRACTICE: IT S SHOWTIME!! DON T BE COMPLACENT: EVERYTHING IS NOT ROUTINE!! The Case of the 1-year old with Viral Sx The Case of the Really Bad Mono The Case of the Persistant Stomach Virus DON T BE LAZY: BAD THINGS HAPPEN ON SUPERBOWL SUNDAY GROWTH CHARTS ARE THERE FOR A REASON PICK UP THE PHONE DON T BE LAZY: The Case of the SCFE Delayed The Case of the Multiply Admitted Asthmatic The Case of Fainting Teenager DO A COMPLETE EXAM DOCUMENT EVERYTHING HAVE DEFINED PROCESSES AND MAKE SURE THAT THEY WORK What/How you write in the chart How you transfer information How you track labs How you record phone calls How you do follow up How you record your thoughts HAVE DEFINED PROCESSES AND MAKE SURE THAT THEY WORK The Case of the Missing Culture The Case of the Lost Referral The Case of the State Screening

5 DOCUMENT, DOCUMENT, DOCUMENT! Template your charts Document your thinking Record ALL patient contacts, especially phone calls Guarantee and document follow-up, labs, referrals And Do it All in the 10 Minutes You Get to See the Patient. KNOW YOUR MEDICINE: Don t be a Double O Doc The Case of the Terrible Pain The Case of the Rh Baby The Case of the Febrile Neonate The Case of the Really Bad Chicken Pox Defending a Malpractice Action: BULLET-PROOFING HOW YOU REACT AND PERFORM IN/OUT OF COURT Steps in a Malpractice Suit Request for Records Expert Review Notice of Claim Subpoena Discovery Deposition Trial Elements a Plaintiff Must Prove Duty Deviation from the Standard of Care Proximate Cause Damages How It Feels When You Get Your First Subpoena: You ve just been gut-punched Panic Fear Let me see that chart! Anger An attack on who you ARE A loss of control What should I do now?

6 How It Feels When You Get Your First Subpoena: DO NOT: Call the patient Call the attorney Discuss the case with anyone And most important: NEVER, EVER ALTER THE CHART!! DO: How It Feels When You Get Your First Subpoena: Pull the chart and put it in a safe place Notify your insurance carrier Review the chart and write down everything you remember at the time And most important: NEVER, EVER ALTER THE CHART!! The Difference Between the Courtroom and the Exam Room Black and White vs. Shades of Gray To a Reasonable Degree of Medical Certainty A Preponderance of the Evidence vs. Beyond a Reasonable Doubt Definition of truth Be Your Own Expert Witness Educate Your Attorney He may be experienced but he is not a physician Do literature searches Read the case like you were a plaintiff s expert: Find the problem areas Help evaluate opposing expert opinions Be Your Own Expert Witness Let Your Attorney Educate You Take your attorney s advice as to: How to dress How to behave How to answer questions YOU ARE NOT IN CONTROL!! This is his world: You do not know better than he does!! Purpose of Depositions To gather information for opposing counsel as to: Your Qualifications Your Actions Your view of the facts Your Opinions

7 Purpose of Depositions Purpose of Depositions To Pin you down To evaluate your behavior at trial: Credibility, sympathy,poise,believability Communication skills Likeability, organization, preparation Demeanor (arrogant, flippant, composed) To probe & irritate your vulnerable spots TO DETERMINE THE MONETARY VALUE OF THE CASE Importance of Depositions 98% of Civil Trials are Settled Your deposition is as important, if not more important than a trial Tips for Testimony: Deposition Tell the truth Actively listen to the question and words Listen to the whole question before answering Answer the question that is asked, not the one you think should have been asked Pause and think briefly before answering Do not educate opposing counsel at depo, he will not be dazzled by your expertise Prepare, Prepare, Prepare. Tips for Testimony: Deposition Remain Calm and controlled. Don t argue with counsel Don t be arrogant, flippant, or sarcastic Never guess or estimate If you don t know, or can t remember, say so Avoid absolute words (all, everything) Avoid hedge words (could, may,i think, it seems, its possible, I suspect, I assume, etc.) Listen if your attorney objects. He is giving you a hint Stay in the moment, do not anticipate Deposition Tactics Act emotionally opposite the attorney Make concessions if needed Be comfortable/take breaks Everything you write/say is discoverable Take your time with questions/documents (unless Video deposition) Know your facts and dates and names Answer the question asked/do not educate Yes/No answers Compound Questions Putting words in your mouth

8 Tips for Testimony: Trial Direct Examination - Your atty. makes your case PREPARE AND PRACTICE Cross Examination - Plaintiff attorney tries to have you make HIS case Create free flowing anxiety Distract/Confuse/Upset you Give the impression of who won or lost Make you defer to his experts Make you appear evasive or defensive Tips for Testimony: Trial Talk to the jury, but don t stare Teach the jury/likeability is the key/no jargon Avoid Dr. Jekyll/Mr. Hyde with cross exam Resist mischaracterizations and misstatements If you don t understand, ask counsel to clarify the question Know what you said in your deposition Stop talking if your attorney objects Watch your body language Be cool, but don t freeze You know more medicine than the attorneys Teach it to the jury and assist your attorney Your attorney knows more law than you Listen to him and do what he says Work at being helpful to your case Doctors win the vast majority of trials, but it is the preparation that counts Be open to settlement if it looks like you re going to lose or should lose It is better to manage your risk than to risk your career, your livelihood and your mental health PREVENTION IS THE BEST MEDICINE!! Herschel R. Lessin MD, FAAP Senior Partner The Children s Medical Group Poughkeepsie, NY 25 Years Experience as an Expert Witness For Both Defense and Planitiff

CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES

CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES CHAPTER 24 DEPOSITION GUIDANCE FOR NURSES I. INTRODUCTION With the number of personal injury and healthcare-related lawsuits increasing each year, at some time in your professional career as a nurse, you

More information

A Consumer Guide. What is a Deposition and How Does It Work in a Personal Injury Case?

A Consumer Guide. What is a Deposition and How Does It Work in a Personal Injury Case? 79 Wall Street Huntington, NY 11743 800.660.1466 631.425.9775 718.220.0099 631.415.5004 (fax) A Consumer Guide What is a Deposition and How Does It Work in a Personal Injury Case? A key component in many

More information

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address? SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

More information

How to Prepare for your Deposition in a Personal Injury Case

How to Prepare for your Deposition in a Personal Injury Case How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,

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

Expert Witness Training Outline for One-Day Onsite Seminar

Expert Witness Training Outline for One-Day Onsite Seminar Contents 1 Expert Witness Training Outline for One-Day Onsite Seminar Schedule INTRODUCTION... 9:00am LESSON 1: STEPPING INTO THE LEGAL GAME... 9:05am Understanding the Overall Legal Framework Federal

More information

Basic elements of a medical malpractice claim:

Basic elements of a medical malpractice claim: Presentation by: Margaret Pisacano, BSN, JD Director of Risk Management UK Healthcare Basic elements of a medical malpractice claim: DUTY: To act as a reasonably prudent family practice physician under

More information

VETTING THE EXPERT---YOURS AND THEIRS

VETTING THE EXPERT---YOURS AND THEIRS VETTING THE EXPERT---YOURS AND THEIRS Too often an attorney will retain an expert on the advice of another attorney or based on a limited amount of time spent searching for the expert. The most important

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

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

DEPOSITION LETTER. Dear Client:

DEPOSITION LETTER. Dear Client: DEPOSITION LETTER Dear Client: The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity

More information

Presentation by: Director of Risk Management UK Healthcare

Presentation by: Director of Risk Management UK Healthcare Presentation by: Margaret Pisacano, BSN, JD Director of Risk Management UK Healthcare Basic elements of a medical malpractice claim: DUTY: To act as a reasonably prudent family practice physician under

More information

What To Do If A Lawyer Contacts You By Lustbader Law Firm

What To Do If A Lawyer Contacts You By Lustbader Law Firm What To Do If A Lawyer Contacts You By Lustbader Law Firm This article is written by David Lustbader of Livingston, New Jersey. It grew out of a discussion during a Medical Protective Risk Management Seminar

More information

Florida Workers' Compensation Depositions

Florida Workers' Compensation Depositions DENNIS A. PALSO workers compensation board certified DENNIS A. PALSO, P.A. ATTORNEY AT LAW Gateway Pines Executive Park 710-94 th Avenue North Suite 309 St. Petersburg, Florida 33702 Telephone (727) 578-5911

More information

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS

THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

The 5 Golden Rules HOW TO FIND AND HIRE AN EXCEPTIONAL PERSONAL INJURY LAWYER!

The 5 Golden Rules HOW TO FIND AND HIRE AN EXCEPTIONAL PERSONAL INJURY LAWYER! The 5 Golden Rules HOW TO FIND AND HIRE AN EXCEPTIONAL PERSONAL INJURY LAWYER! Golden Rule Number 1 DO YOUR RESEARCH Research your lawyer s background before you hire him! Would you hire a doctor, dentist

More information

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution.

STEPS IN A TRIAL. Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. STEPS IN A TRIAL Note to Students: For a civil case, substitute the word plaintiff for the word prosecution. A number of events occur during a trial, and most must happen according to a particular sequence.

More information

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE

ATTORNEY HELP CENTER: MEDICAL MALPRACTICE ATTORNEY HELP CENTER: MEDICAL MALPRACTICE The healthcare industry has exploded over the last thirty years. Combined with an increasing elderly population, thanks to the Baby Boomer generation, the general

More information

The Ultimate Guide to Winning Your Personal Injury Case Table of Contents

The Ultimate Guide to Winning Your Personal Injury Case Table of Contents Table of Contents Introduction 3 Why Not Settle With the Insurance Companies 4 What to do First 7 Hiring a Personal Injury Lawyer 11 How Much is My Claim Worth? 14 What if I have a Pre-Existing Condition?

More information

Gotcha! The Medical Chart: Anticipating the Lawyer s Review

Gotcha! The Medical Chart: Anticipating the Lawyer s Review Gotcha! The Medical Chart: Anticipating the Lawyer s Review Michael Jay Bresler, M.D., FACEP Clinical Professor Division of Emergency Medicine Stanford University School of Medicine Always Remember. What

More information

The Land Surveyor as Expert Witness

The Land Surveyor as Expert Witness PDHonline Course P141 (1 PDH) The Land Surveyor as Expert Witness Instructor: Thomas Strong, P.L.S. 2012 PDH Online PDH Center 5272 Meadow Estates Drive Fairfax, VA 22030-6658 Phone & Fax: 703-988-0088

More information

CONSTRUCTION LAW AND LITIGATION May 2012

CONSTRUCTION LAW AND LITIGATION May 2012 I suggest the following simple ten ways to avoid malpractice in litigation: CONSTRUCTION LAW AND LITIGATION May 2012 IN THIS ISSUE Lawrence J. West gives us a Top 15 List for Preparing the Expert Witness

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

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016

Contemporary Ethical and Legal Challenges in Mental Health. University of South Alabama Mobile, Alabama March 11, 2016 Contemporary Ethical and Legal Challenges in Mental Health University of South Alabama Mobile, Alabama March 11, 2016 Meet the Presenter Theodore P. Remley Jr. JD, PhD, NCC, LPC, LMFT Contemporary Ethical

More information

Law Offices of. 2249 Derby Road (at Sunrise Highway) Baldwin, New York 11510 Telephone (516) 223-5500 Fax (516) 223-5505 www.nelsonlaw.

Law Offices of. 2249 Derby Road (at Sunrise Highway) Baldwin, New York 11510 Telephone (516) 223-5500 Fax (516) 223-5505 www.nelsonlaw. ROBERT N. NELSON KIMBERLY I. NELSON ADMITTED IN NY, NJ SHANA L. CURTI MATTHEW R. DROST Law Offices of ROBERT N. NELSON 2249 Derby Road (at Sunrise Highway) Baldwin, New York 11510 Telephone (516) 223-5500

More information

The Defense Lawyer s Tool Kit For Working With Medical Experts

The Defense Lawyer s Tool Kit For Working With Medical Experts The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office

More information

OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1

OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1 OPENING STATEMENT FROM THE DEFENSE PERSPECTIVE BY JAMES C. MORROW MORROW, WILLNAUER & KLOSTERMAN, L.L.C. 53--1 Where Voir Dire is an opportunity to give the jurors an outline of your themes, opening statement

More information

Winning the Mediation: A Trial Lawyer's Guide

Winning the Mediation: A Trial Lawyer's Guide Winning the Mediation: A Trial Lawyer's Guide Article Contributed by: Allen B. Grodsky, Grodsky & Olecki LLP Lawyers often market themselves as great trial lawyers, even going so far as to promote their

More information

Small Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm

Small Claims Court Information provided by Oregon State Bar http://www.osbar.org/public/legalinfo/1061_smallclaims.htm Community Alliance of Tenants Tenant Education Information is for general information purposes only, and is not a substitute for the advice of an attorney Small Claims Court Information provided by Oregon

More information

SO YOU HAVE BEEN SUED!

SO YOU HAVE BEEN SUED! So you have been sued Resource Document ACEP Medical Legal Committee Authors: Work Group Chair, Tom Syzek, MD, FACEP, Louise Andrew, MD, JD, FACEP, Neil Freund,JD, John Bibb, MD, FACEP, Daniel Sullivan,MD,

More information

Guidelines for the Physician Assistant Serving as an Expert Witness (Adopted 1977, Amended 1987, 1991, 2001)

Guidelines for the Physician Assistant Serving as an Expert Witness (Adopted 1977, Amended 1987, 1991, 2001) Guidelines for the Physician Assistant Serving as an Expert Witness (Adopted 1977, Amended 1987, 1991, 2001) (1) A physician assistant may serve as a witness in a legal proceeding in one of several capacities.[1]

More information

What to Expect When You re Expecting...a Deposition

What to Expect When You re Expecting...a Deposition What to Expect When You re Expecting...a Deposition Martha L. Boyd, Esq. Baker Donelson 211 Commerce Street Suite 800 Nashville, Tennessee 615.726.5652 mboyd@bakerdonelson.com What is a deposition? Sworn

More information

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case

Discovery Devices. Rule 26 requires the automatic disclosure of a host of basic information regarding the case Discovery Devices Automatic (mandatory) disclosure Rule 26 requires the automatic disclosure of a host of basic information regarding the case Interrogatories Questions addressed to the other party Depositions

More information

The Keys To An Effective Medical Malpractice Defense

The Keys To An Effective Medical Malpractice Defense The Keys To An Effective Medical Malpractice Defense By Thomas M. O Toole, Ph.D. Some research has shown, while as little as 1% of the lawsuits filed each year in the United States actually make it to

More information

Providing effective testimony after pediatric traumatic brain injury

Providing effective testimony after pediatric traumatic brain injury Providing effective testimony after pediatric traumatic brain injury Jacobus Donders March 2, 2013 Disclosure Speaker has no conflicts of interests to declare. Speaker is not a lawyer, nor a legal scholar,

More information

EFFICIENTLY PREPARING A CASE FOR TRIAL ABA Distance CLE Teleconference January 12, 2010. A. I have previously presented a teleconference on

EFFICIENTLY PREPARING A CASE FOR TRIAL ABA Distance CLE Teleconference January 12, 2010. A. I have previously presented a teleconference on EFFICIENTLY PREPARING A CASE FOR TRIAL ABA Distance CLE Teleconference January 12, 2010 I. Scope of this presentation A. I have previously presented a teleconference on Woodshedding Witnesses and 60 Days

More information

A Guide for Childhood Sexual Abuse Survivors

A Guide for Childhood Sexual Abuse Survivors You are not alone. It was not your fault. You have courage. You have choices. You have power. We re here to help. A Guide for Childhood Sexual Abuse Survivors Breaking the silence. Raising Awareness. Fighting

More information

Effective Expert Witnesses: the How to Guide for experts and their counsel

Effective Expert Witnesses: the How to Guide for experts and their counsel Effective Expert Witnesses: the How to Guide for experts and their counsel Diana Hartley Philip Brown July 2015 Role of Experts Give evidence of opinions within areas of expertise based on facts within

More information

7 Questions to Ask a NY Personal Injury Attorney Before You Ever Walk Into His Office

7 Questions to Ask a NY Personal Injury Attorney Before You Ever Walk Into His Office 7 Questions to Ask a NY Personal Injury Attorney Before You Ever Walk Into His Office 1. Have you handled my exact type of case before? 2. Do you have free books, reports and videos that teach me how this

More information

What to Expect In Your Lawsuit

What to Expect In Your Lawsuit What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.

More information

W hile no physician wants to face a medical malpractice

W hile no physician wants to face a medical malpractice When a Lawsuit Happens W hile no physician wants to face a medical malpractice lawsuit, it is important to be prepared and familiar with the process. By becoming actively involved in the defense, learning

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

Life as a Medical Malpractice Attorney

Life as a Medical Malpractice Attorney Life as a Medical Malpractice Attorney A medical malpractice case lands on your desk. What is your first thought? What is your plan? If you re stumped or not sure where to begin, studying the anatomy of

More information

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest

More information

New York Law Journal. Tuesday, August 22, 2000. Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack

New York Law Journal. Tuesday, August 22, 2000. Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack New York Law Journal Tuesday, August 22, 2000 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination Of A Medical Expert: Collateral Attack Ben B. Rubinowitz and Evan Torgan BODY: Expert testimony adds a

More information

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 Attachment No. 2 Proposed Plain Language Revisions to Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3 The work of the Plain Language Subcommittee is set forth below. For comparison, the redrafted

More information

Preferred Physicians Medical.

Preferred Physicians Medical. Preferred Physicians Medical. Anesthesiologist founded, owned, and governed since 1987. Providing professional liability insurance exclusively to anesthesiologists. Anesthesiologists only. Established

More information

Chapter 4 Legal Ethics

Chapter 4 Legal Ethics Chapter 4 Legal Ethics Yes. You read that right legal ethics. Har de har. Go ahead. Get it out of your system. How about this one? Why do scientists prefer using lawyers over lab rats? There are some things

More information

THE ANATOMY OF A LAWSUIT

THE ANATOMY OF A LAWSUIT THE ANATOMY OF A LAWSUIT Medical Liability Mutual Insurance Company (MLMIC) stands behind its management philosophy to aggressively defend and resist payment for groundless claims and to expeditiously

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

7.9. The likely running order

7.9. The likely running order 7.9. The likely running order Assuming both parties are going to give evidence, the trial is likely to proceed along the following lines: claimant opens and gives their evidence claimant s witnesses give

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

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Civil Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1-5 Time Chart 6 Etiquette 7-8 Role Preparation for: Plaintiff and Defendant Lawyers 9-12 Judge 13 Jury 13

More information

A Mediation Primer for the Plaintiff s Attorney

A Mediation Primer for the Plaintiff s Attorney By: Bruce Brusavich A Mediation Primer for the Plaintiff s Attorney Making your case stand out to the other side, and what to do when they ask you to dance. Make the Defense Ask to Mediate Obtaining a

More information

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT

EARLY CARE & EDUCATION LAW UNIT WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT EARLY CARE & EDUCATION LAW UNIT Publication Date: November 2013 WHAT YOU NEED TO KNOW ABOUT SMALL CLAIMS COURT In the operation of your child care business you may encounter problems which force you to

More information

Representing Yourself. Your Family Law Trial

Representing Yourself. Your Family Law Trial Representing Yourself at Your Family Law Trial - A Guide - June 2013 REPRESENTING YOURSELF AT YOUR FAMILY LAW TRIAL IN THE ONTARIO COURT OF JUSTICE This is intended to help you represent yourself in a

More information

MODEL JURY SELECTION QUESTIONS

MODEL JURY SELECTION QUESTIONS MODEL JURY SELECTION QUESTIONS Standard Jury Voir Dire Civil [] 1. In order to be qualified under New Jersey law to serve on a jury, a person must have certain qualifying characteristics. A juror must

More information

STEPS IN A MOCK TRIAL

STEPS IN A MOCK TRIAL STEPS IN A MOCK TRIAL 1. The Opening of the Court Either the Clerk of the Court of the judge will call the Court to order. When the judge enters, all the participants should remain standing until the judge

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII. J. MICHAEL SEABRIGHT United States District Judge IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII August 8, 2011 J. MICHAEL SEABRIGHT United States District Judge GENERAL FEDERAL JURY INSTRUCTIONS IN CIVIL CASES INDEX 1 DUTY OF JUDGE 2

More information

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk

More information

Legal Compensation & Ethical Duties of a Health Care Professional " Alexander M. Voudouris Pace Law Firm

Legal Compensation & Ethical Duties of a Health Care Professional  Alexander M. Voudouris Pace Law Firm Legal Compensation & Ethical Duties of a Health Care Professional " Alexander M. Voudouris Pace Law Firm Overview" Learning objectives Legal Compensation Compensation for Personal Injury Potential Ethical

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

Medical Malpractice and the Electronic Medical Record

Medical Malpractice and the Electronic Medical Record Medical Malpractice and the Electronic Medical Record Click on image to play video. What is Medical Malpractice? Plaintiff must prove, through expert medical testimony: The standard of care That the healthcare

More information

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT

REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT I. INTRODUCTION Business is rife with conflict. To succeed, a business owner must be adept at resolving these disputes quickly and efficiently.

More information

Patient Advocate Checklist For:

Patient Advocate Checklist For: Today s Date Patient Advocate Checklist For: Name of Patient An advocate is not a Health Care Proxy and can not make decisions for the patient. The advocate should know who the Health Care Proxy is and

More information

George W. Powell, Jr., CRE Attorney At Law Duane Morris LLP Miami, Florida Duane Morris LLP 2007. [ w w w. d u a n e m o r r i s.

George W. Powell, Jr., CRE Attorney At Law Duane Morris LLP Miami, Florida Duane Morris LLP 2007. [ w w w. d u a n e m o r r i s. George W. Powell, Jr., CRE Attorney At Law Duane Morris LLP Miami, Florida Duane Morris LLP 2007 DEPOSITIONS One form of Discovery available under the Court rules to allow parties to the action develop

More information

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle

What the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,

More information

General Information on Representing Yourself in a Workers Compensation Case

General Information on Representing Yourself in a Workers Compensation Case General Information on Representing Yourself in a Workers Compensation Case Idaho Industrial Commission PO Box 83720 Boise, ID 83720-0041 Telephone: (208) 334-6000 Fax: (208) 332-7558 www.iic.idaho.gov

More information

How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG

How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB, ChB, FRCP, FACG ACG Annual Meeting 2013 How to Professionally and Personally Survive a Malpractice Suit John Baillie, MB,

More information

New York Law Journal. Wednesday, July 31, 2002

New York Law Journal. Wednesday, July 31, 2002 New York Law Journal Wednesday, July 31, 2002 HEADLINE: BYLINE: Trial Advocacy, Cross-Examination: The Basics Ben B. Rubinowitz and Evan Torgan BODY: Cross-examination involves relatively straightforward

More information

Tahitian Pearls 2015 Tahiti CME Cruise March 18 28, 2015. Avoiding Malpractice in General Practice. By Dr. John Crosby. www.seacourses.

Tahitian Pearls 2015 Tahiti CME Cruise March 18 28, 2015. Avoiding Malpractice in General Practice. By Dr. John Crosby. www.seacourses. Avoiding Malpractice in General Practice By www.seacourses.com 1 www.seacourses.com 2 By FRCP (C) Emergency medicine Family Practice, Cambridge Assistant Professor of Medicine, University of Toronto and

More information

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI

More information

9/28/2015. Top Ten Mistakes Providers Make Before & During Litigation: Perspectives From Plaintiff & Defense Counsel

9/28/2015. Top Ten Mistakes Providers Make Before & During Litigation: Perspectives From Plaintiff & Defense Counsel Top Ten Mistakes Providers Make Before & During Litigation: Perspectives From Plaintiff & Defense Counsel Peter W. Brandt, Esq. Livingston, Barger, Brandt & Schroeder, LLP, Esq. Law Offices of Pre-Suit

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: 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

SHOULD YOUR LAWYER PREPARE YOU FOR YOUR DEPOSITION IN A JONES ACT, FELA or OTHER

SHOULD YOUR LAWYER PREPARE YOU FOR YOUR DEPOSITION IN A JONES ACT, FELA or OTHER Preparing the Injured Plaintiff for the Deposition Jones Act Issues, Questions and Answers Maritime A SHOULD YOUR LAWYER PREPARE YOU FOR YOUR DEPOSITION IN A JONES ACT, FELA or OTHER PERSONAL INJURY CLAIM?

More information

Fifty-three Settlement Strategies That Work -- Advice from a Special Master. Laraine Pacheco

Fifty-three Settlement Strategies That Work -- Advice from a Special Master. Laraine Pacheco Fifty-three Settlement Strategies That Work -- Advice from a Special Master Laraine Pacheco Every attorney with whom I deal claims to want to settle his cases. Unfortunately, not everyone behaves in a

More information

PEOPLE V. HARRY POTTER

PEOPLE V. HARRY POTTER PEOPLE V. HARRY POTTER THE COURT: Members of the jury, the defendant, Harry Potter, is charged in a one-count information which reads as follows: On or about November 23, 2008, HARRY POTTER, did unlawfully

More information

TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION

TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION PRESENTED BY JEFF KEARNEY KEARNEY & WESTFALL 2501 PARKVIEW STREET, SUITE 300 FORT WORTH, TEXAS 76102 (817) 336-5600 LUBBOCK CRIMINAL DEFENSE LAWYERS

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

Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System

Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Foundations in Law Unit 4: Lawsuits and Liability: The Civil Justice System Unit Overview How does the civil justice system hold people and corporations accountable for their actions? How does civil law

More information

TURNING THE TABLE: CROSS EXAMINATION OF AN IME DOCTOR USING A VIDEO OF THE EXAM

TURNING THE TABLE: CROSS EXAMINATION OF AN IME DOCTOR USING A VIDEO OF THE EXAM TURNING THE TABLE: CROSS EXAMINATION OF AN IME DOCTOR USING A VIDEO OF THE EXAM By: Ben Rubinowitz and Evan Torgan In all personal injury actions, the plaintiff bears the burden of proof regarding the

More information

Opening Statements Handout 1

Opening Statements Handout 1 Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association

Effective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion

More information

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Criminal Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1 Time Chart 2 Etiquette 3-4 Role Preparation for: Crown and Defence Lawyers 5-7 Judge and Jury 8 Court

More information

SMALL CLAIMS COURT INFORMATION

SMALL CLAIMS COURT INFORMATION Clark County District Court SMALL CLAIMS COURT INFORMATION INTRODUCTION The Small Claims Department of District Court allows a person or business with a legal dispute to sue without hiring an attorney.

More information

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law

Lesson 1. Health Information and Litigation ASSIGNMENT 1. Objectives. Criminal versus Civil Law Health Information and Litigation ASSIGNMENT 1 Read this entire introduction. Then read Chapter 1 in your textbook, Legal Aspects of Health Information Management. When you ve read all of the material

More information

SMALL CLAIMS COURT IN ARKANSAS

SMALL CLAIMS COURT IN ARKANSAS SMALL CLAIMS COURT IN ARKANSAS Note: The information contained in this publication is designed as a useful guide to remind you of your rights as a citizen of this state. You should not rely totally on

More information

Presenting Property Tax Appeals. Minnesota Tax Court

Presenting Property Tax Appeals. Minnesota Tax Court Presenting Property Tax Appeals to the Minnesota Tax Court Minnesota Tax Court 245 Minnesota Judicial Center 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155 (651) 296-2806 www.taxcourt.state.mn.us

More information

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet

Section 1: The Eviction Process. Section 2: Eviction Answer Packet. Section 3: Eviction Answer and Counterclaim Packet Section 1: The Eviction Process Section 2: Eviction Answer Packet Section 3: Eviction Answer and Counterclaim Packet Section 4: Possession Bond Hearing Request Packet!! "#!! "$%&%"'! (!(!!!!!!") $# (!(!!((

More information

PRESENTATION OF INJURY CLAIMS

PRESENTATION OF INJURY CLAIMS PRESENTATION OF INJURY CLAIMS John D. Malanga MALANGA LAW FIRM 3116 West 5th Street Suite 212 Fort Worth, Texas 76107-2140 Telephone: 817-332-1776 Fax: 817-332-1722 Email: jmalanga@flash.net PRESENTATION

More information

Tips on Writing an Expert Witness Report

Tips on Writing an Expert Witness Report Tips on Writing an Expert Witness Report Joel P. Wiesen, Ph.D. jwiesen@appliedpersonnelresearch.com 31th Annual IPMAAC Conference St. Louis, MO June 13, 2007 Wiesen (2007), IPMAAC Conference 1 Report Writing

More information

Medical Expert Depositions in Workers' Comp Cases

Medical Expert Depositions in Workers' Comp Cases Presenting a live 90-minute webinar with interactive Q&A Medical Expert Depositions in Workers' Comp Cases Effective Techniques for Deposing Experts and Raising Strategic Objections TUESDAY, MARCH 11,

More information

NEW YORK CITY TENANTS

NEW YORK CITY TENANTS NEW YORK CITY TENANTS QUESTIONS & ANSWERS ABOUT HOUSING COURT BRONX BROOKLYN MANHATTAN QUEENS STATEN ISLAND April 2014 Table of Contents What is Housing Court?............................................

More information

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS

INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SMALL CLAIMS COURT TABLE OF CONTENTS INTRODUCTION TO SUE OR NOT TO SUE? HOW TO FILE A SMALL CLAIMS CASE WHERE TO FILE FILING FEE NOTICE TO THE DEFENDANT COUNTERCLAIMS PREPARING FOR TRIAL

More information

How will I know if I have to give evidence in court?

How will I know if I have to give evidence in court? Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,

More information

FIRING YOUR LAWYER. Your Guide to: Even if you really think it s a good idea...it s usually not!

FIRING YOUR LAWYER. Your Guide to: Even if you really think it s a good idea...it s usually not! Your Guide to: FIRING YOUR LAWYER Even if you really think it s a good idea...it s usually not! SO, YOU ARE THINKING ABOUT FIRING YOUR LAWYER... About three times a week we get a call from someone who

More information

You Are Served : Litigation In The Workplace

You Are Served : Litigation In The Workplace You Are Served : Litigation In The Workplace Presented by: Wendy J. Mellk, Esq. Jackson Lewis LLP 58 South Service Rd., Ste. 410 Melville, NY 11747 (631) 247-0404 mellkw@jacksonlewis.com Copyright 2008

More information