The Emotionally Labile Client; Duties – When A Client Threatens Violence
What happens when a client – a defendant – threatens violence? The pressure of litigation can push a defendant over the edge. Even professionals, who are calm under pressure, lose their cool. Once an attorney believes his client might embrace violence as a means to an end, what obligations, if any, are triggered? And is the attorney liable for his client’s violence?
Imagine this scenario: A seasoned medical malpractice plaintiff’s attorney accepts a client presenting with a marginal professional liability case. This attorney generally screens cases carefully. This case is attractive because he calculates significant damages. His enthusiasm is tempered by paltry evidence of a breach of standard of care or causation. On balance, it’s a weak case. The plaintiff’s expert has shaky credentials, but is ready make the case for liability.
Imagine this scenario: A seasoned medical malpractice plaintiff’s attorney accepts a client presenting with a marginal professional liability case. This attorney generally screens cases carefully. This case is attractive because he calculates significant damages. His enthusiasm is tempered by paltry evidence of a breach of standard of care or causation. On balance, it’s a weak case. The plaintiff’s expert has shaky credentials, but is ready make the case for liability.
Notes from a Medical Malpractice Plaintiff Attorney: Doing a Great Deposition
by “Dr. J.D.”, a physician and plaintiff’s attorney practicing in the Northeast Your deposition is your best chance to lose your case before it has hardly even started. That is because it is actually a job interview. Both the plaintiff’s attorney and your own attorney … Read more
Notes from a Medical Malpractice Plaintiff Attorney: Communicating Critical Findings
by “Dr. J.D.” Allegations of communication failure account for a progressively increasing proportion of malpractice claims. This is partially the result of the fact that more diagnostic studies and examinations are being performed and expectations of timeliness in reporting have increased with improved technology, but … Read more
Nielson Study: Patients’ Voice Gets Louder
The advertising game is changing at a breakneck pace. Thankfully, we’re here to help you keep up. With increasingly sophisticated tools to target a particular market subset, multiple ad delivery channels and analytics to track campaign efficacy, advertisers are getting more and more efficient in … Read more
California Jury Awards $74 Million in Malpractice Case
Most doctors carry professional liability policies of $1 / $3 million limits. Dr. Kurt Haupt would certainly benefit from a $75 million policy. He delivered a baby in April, 2009. The baby developed cerebral palsy. The plaintiff’s attorney argued “baby’s heart rate was fluctuating wildly … Read more
Juror’s Facebook Post Creates New Medical Malpractice Trial
by Michael J. Sacopulos “I’m on jury duty. God help me.” For those of us who have been on jury duty, this thought has probably passed through our head. Perhaps some of us have even muttered it beneath our breath when we received the notice … Read more
Online Doctor Reviews: Do They Track Quality of Care?
Jeffrey Segal, CEO and Founder of Medical Justice, today announced research findings which will be published in the peer-reviewed Journal of Medical Internet Research.
Sometimes you can be sued for things others did …
Sam Bernard showed up at the office of Dr. Edward Goldberg, a gastroenterologist, for a colonoscopy. The anesthesiologist, Dr. Goldweber, gave the patient propofol for sedation. Because the colon prep was inadequate, the case was aborted, and the patient went home. Five months later, the … Read more
Doctors say doctors order too many tests…
This week newspapers reported assorted medical specialty societies are recommending doctors perform fewer tests and procedures. They also urged patients to question the value of these services, if offered.
Online Doctor Reviews – Do They Track Surgeon Volume, a Proxy for Quality of Care
From the Journal of Medical Internet Research
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