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The corporate hospital shell game
Linda Miller Atkinson
It’s a little-known fact that hospitals outsource much
of their work: The people doing lab work or administering anesthesia
are likely to be independent contractors, not regular employees.
Too often, hospitals use their nonemployer status to avoid liability
for incompetent or negligent providers. Here’s what you
need to know to expose the shell game and keep responsibility
where it belongs.
Cross-examining the defendant doctor
Mark Mandell
Juries tend to be sympathetic toward doctors and suspicious
of medical malpractice plaintiffs and their claims. So how do
you challenge a defendant physician without alienating jurors?
By using careful language, targeted questions, and a respectful
but unwavering commitment to get at the truth.
How do I blame thee? Let me count
the ways
Lynn R. Laufenberg
Medical negligence defendants may assert that recovery should
be limited or denied because the plaintiff’s conduct contributed
to his or her injuries. But even people who have poor health
habits or engage in risky behaviors deserve proper medical care.
Here’s how to convince the jury that a patient’s bad
actions shouldn’t let bad doctors off the hook.
Get a handle on electronic hospital
data
James P. Frickleton
Hospitals are gradually transferring their paper records into
large electronic databases, which are accessible by various
hospital workers and usually are more thorough than a standard
patient chart. Learn to use these systems to uncover important
details about your client’s treatment history.
Timing brain damage in birth injury
cases
Zev T. Gershon and Wayne M. Willoughby
Specifying just when brain damage occurred is crucial in a
birth injury case. It’s also difficult to do. No test can
pinpoint the moment injury occurred, but certain indicators
will suggest whether it happened before, during, or after birth.
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Features
Take a (case) load off with the right
software
Daniel J. Siegel
Case management software seems like a dream—an integrated
system that can get your firm’s paperwork, phone logs,
data, and schedule all together in one orderly place. Choose
the right one, and the dream can come true; choose the wrong
one, and you’ll lose both money and productivity.
Making sense of Medicare set-asides
Matthew L. Garretson
Medicare set-asides are playing a larger and more complex role
in workers’ compensation and personal injury settlements,
but there’s still no formal legal process governing the
details. When should you use set-asides, and what should they
cover? The author walks you through the thicket of new and proposed
legislation and offers pointers on protecting your client’s
and Medicare’s interests.
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News & Trends
Dangers of birth control patch come to
light
Med-mal “crisis” is officially
over, says insurance reform group
Rhode Island lead paint victory may be
first of many, lawyers say
ABA opposes “health courts”
legislation
Virginia plaintiffs can sue over court-ordered
medical exams
New Jersey constitution ensures speech
rights for homeowners
Departments
President’s page
On falling—and getting up again
Supreme Court review
The First Amendment and military recruiting
Hearsay
ATLA in motion
At convention, AARP president hails trial
lawyers’ achievements
Two med-mal bills approved; others loom
Straight talk about ob-gyns and medical
malpractice
Exchange offers case materials on bed
rails and ex parte access to corporate employees
Victims and their lawyers thwart asbestos
bill
Books
The Disability Pendulum
by Ruth Colker
The Lincoln Lawyer
by Michael Connelly
Experts & Professional Services
Classifieds
Lawyer Networking
Products & Services
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