Articles Tagged With: defendant
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Mixed Defense Rulings Related to Patient’s Death Yield Lessons Regarding Experts
Factually, there was no dispute about the patient’s cause of death — it resulted from an infection. Legally, the defendant physician’s initial challenge to the plaintiff’s case was not to directly attack that factual premise itself, but to instead challenge the plaintiff’s experts.
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Not a Simple Conversation: Understand Depositions and How to Prepare
It is likely any healthcare litigation will include depositions in which clinicians and administrators are asked questions under oath. The information provided can be critical to the outcome of the case. Depositions can be stressful and difficult for people not accustomed to them. Risk managers can help by preparing participants for this experience.
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Court of Appeals Reverses Doctor’s Trial Court Win in Botched Spinal Surgery Case
Although the plaintiff’s expert provided some controversial comments on the standard of care, it is likely that, if given his well-established expertise, a proper analysis and explanation of his testimony will, at the very least, increase the plaintiff’s odds of obtaining a favorable verdict. There always is a standard of care, especially for relatively common procedures. The standard may not exist in written form. Instead, it is considered to be what a reasonable physician would do in similar circumstances within the same community.
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Appellate Court Affirms $10.3 Million Verdict in Cerebral Palsy Birth Suit
This case revealed multiple important issues on appeal relevant to medical malpractice cases generally. These issues can be divided into three general groups: issues about causation, issues about periodic payment, and issues about the exclusion of witnesses.