Elder abuse: Mis-uses of Winn v. Pioneer Medical Group, Inc.

Doctors may use this defense when sued for neglect of elder patients that live independently at home

George Kindley

From Issue: 2018 April

Using a law and economics approach to attack MICRA

The current $250,000 cap is like a flood rising against the roof of justice

Christopher Dolan

From Issue: 2013 August

Three recurring themes in medical malpractice and catastrophic brain injury

In health care, everything is important and nothing is “not” important. There is no auto-pilot mode

Bruce Fagel

From Issue: 2011 October

The plaintiff’s deposition in medical malpractice

Your plaintiff needs to be prepared for questions related to three common defenses

Shirley Watkins

From Issue: 2011 April

The hazards of wisdom tooth extraction: From patient to plaintiff

Is it really necessary to pull out those wisdom teeth? A little sage advice from someone who knows

Jay W. Friedman

From Issue: 2008 August

The admissibility of a defendant’s written policies and procedures as evidence of the standard of care

From hospitals to railroads, police agencies to banking, P&P can be used to establish duty and standards of care

Shirley Watkins

From Issue: 2008 May

When is a hospital liable for a physician’s malpractice?

Who’s on first when it comes to liability — the doctor or the hospital? Look to ostensible agency

Mary K. Bedard

From Issue: 2008 July

Understanding the statute of limitations for a medical malpractice birth trauma case

Defendants might like to believe that injuries suffered in labor and delivery are now subject to a six-year limitations period, but that is not the law

Shirley Watkins
Steven B. Stevens

From Issue: 2007 December

The upside of a bench trial in a medical malpractice case

Unless you’re hoping for the instant gratification of a jury verdict, relying upon the judge’s decision may increase your odds of prevailing at trial

Brian Graziani

From Issue: 2022 January

The medical expert witness in malpractice cases

A look at the strategy of deposing and examining medical experts

Bruce Fagel

From Issue: 2015 November

The Hammer Clause is your friend

In professional malpractice cases, utilize the conflict the insurer causes its insured to resolve your case

Greg Stannard

From Issue: 2018 June

Recognizing EMTALA cases (Emergency Medical Treatment and Active Labor Act)

Regulating emergency care can be dangerous to the hospital as well as the patient

Barry Gustin

From Issue: 2008 June