|
Silence of the experts
Theresa DiPaola, Fred Cohen, and Gary Roberts
After testifying as an expert witness in a medical malpractice
case, one neurosurgeon suddenly found himself barraged
by ethics complaints, disciplinary actions, and finally,
suspension of his license to practice. His crime? Testifying
for the plaintiffs. That doctor is only one target of
the increasingly aggressive tactics medical organizations
are using to intimidate expert witnesses into silence.
How to prove management
flaws in nursing homes
Mark R. Kosieradzki, Martha M. Eastman, and
Joel E. Smith
If you’re representing clients who have been harmed
in a nursing home, get ready for the paper chase. To prove
systemic abuse, you’ll need reams of documents that
defense attorneys are working hard to keep out of your
hands. Diligence and the right legal arguments will ensure
successful discovery.
Open up hospital peer review
records
Jeff Merrick
Peer review records are traditionally confidential, and
for good reasons. But sometimes this has left patients
and their attorneys without information that could be
crucial to their cases. The key to unlocking those documents
may be found in certain provisions of the Health Insurance
Portability and Accountability Act, which gives patients
a right of access to documents pertaining to their medical
care.
Using tort law to secure patient
dignity
John Duncan, Dan Luginbill, Matthew Richardson,
and Robin Fretwell Wilson
It’s a little-known but routine occurrence: Without
their knowledge or consent, women who are anesthetized
during a hospital visit are put through repeated pelvic
exams by medical students. Medical schools say it’s
an irreplaceable training method; women say they want
to know who is touching their bodies, and for what purposes.
Lawyers can use tort law to prompt change and ensure that
hospitals obtain informed consent.
|
Feature
Present a believable and compelling
client
Maria L. Rubio
The better the jurors know your client, the more they’ll
like him or her. So give them more than just a witness
on the stand. Talk about your client’s background,
family, friends, and interests. Allow the plaintiff to
speak freely and openly to win over the jury.
Lawyers on television
Ronald Goldfarb
What do lawyers do when they’re not working? Many
watch other lawyers work—on TV. The author examines
how courtroom and reality shows depict attorneys, and
how these portrayals reflect and reinforce public attitudes
about the profession.
‘When the call comes, we
answer’
Stephen Breyer and Kenneth Feinberg
At ATLA’s 2004 annual convention in Boston, U.S.
Supreme Court Justice Stephen Breyer joined Kenneth Feinberg—special
master of the September 11th Victim Compensation Fund—in
praising Trial Lawyers Care, the largest private pro bono
legal services program in U.S. history.
|
News & Trends
Fraternities fail to stem tide of
binge-drinking deaths, lawsuits claim
FDA approval preempts medical-device
injury claims, Third Circuit says
North Carolina is not Daubert territory,
state high court holds
Deaths from hospital errors double
1999 estimates
Arizona extends doctors’ legal
duty
Treating physicians must get expert
fees for testifying
Sexual privacy is not a right in
Eleventh Circuit, despite Lawrence
Mom can be ‘Dad,’ California
court says
Departments
President’s page
Time to act
ATLA in motion
Supreme Court review
‘Stop and identify’
statutes
Hearsay
Books
Un-Making Law: The Conservative
Campaign to Roll Back the Common Law
by Jay M. Feinman
Unwelcome and Unlawful: Sexual
Harassment in the American Workplace
by Raymond F. Gregory
Classifieds
Lawyer Networking
Products & Services
|
