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No more Dr. Nice Guy
Lynn R. Laufenberg
All too often, a medical negligence case turns on the
simple question of the doctors likability. If he
or she comes across as a caring, devoted physician who
made an honest mistake, you will have an uphill climb
convincing a jury otherwise. Here are some ways to help
jurors focus on facts, not feelings.
Weighing the risks of gastric
bypass surgery
Bruce G. Fagel
Bariatric surgery has become fashionable. Celebrities
and doctors tout the procedure as a cure for obesity and
related diseases such as diabetes and hypertension. But
like any surgery, it involves risk, and a good outcome
depends on proper patient screening, the surgeons
skill, and the hospitals level of care.
Why medical malpractice caps
are wrong
Patrick A. Salvi
The facts are in, and they are clear: States that have
enacted caps on damages havent seen the promised
reduction in malpractice insurance rates or in overall
health care costs. Research from independent organizations
shows that the public has been misled about the alleged
benefits of tort reform. Injured patients
are now paying the price for giving up their right to
redress.
The art of demonstrative evidence
Jim M. Perdue Jr.
Demonstrative evidence doesnt have to be overly
sophisticated: You can create powerful images even if
youre unsure of your artistic skills. Learn how
simple charts, bold colors, and videotapes can bring your
case theme alive for jurors.
Screening the birth injury
case
Christopher D. Bernard
It is hard to turn down an emotionally wrenching birth
injury case. But the extraordinary commitment of time,
energy, and other resources that these cases require means
you must select them carefully. Analyze the facts, the
law, and the likely outcome to meet your own burden of
proof before making a mistake that hurts you and your
potential clients.
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Features
Hidden burn hazards at home
Eunice Trevor and Richard Halpert
Common household products like mattresses, lighters,
stoves, and clothingeven toyscan cause unexpected
fires resulting in serious harm to children. Defendants
will blame the parents for improper supervision or the
child for using the item improperly. Show the jury that
faulty design, not carelessness, led to the flare-up.
Ten tools for mediation caucuses
G. Nicholas Herman
An important part of mediation is often the private caucus,
when each side meets one-on-one with the mediator. To
ensure a fair negotiation for your clients, you need specific
techniques for presenting your case and communicating
with the mediator.
Not a minor accident
Robert J. Zarbin and James K. MacAlister
How do you prove that your client was seriously hurt
in a car accident when the car is barely damaged? It isnt
easy, but these tactics can help you show that real injury
occurred.
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News & Trends
Electric shock from Tasers can injure
and kill, lawsuits claim
Disabled passengers cruise for ADA
rights on foreign ships
Second Circuit says government lawyers
have privilege too
CSX and New York settle, with mixed
results for rail safety
Federal judge sees state-created
danger in school violence
Couple can sue insurer for failing
to disclose HIV status
Workers seek pay for the lunch not
taken
New York eases defendants
evidence burden after conviction
Older Americans at higher risk of
product-related injuries
Online casino pursues long-odds
lawsuit
Departments
President's page
Changing the debate
Supreme Court review
A victory for prisoners
Good counsel
Hearsay
ATLA in motion
ATLA in motion
Books
Rights from Wrongs: A Secular
Theory of the Origins of Rights
by Alan Dershowitz
The Majority Rules
by Eugene Sullivan
Classifieds
Lawyer Networking
Products & Services
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