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Medical negligence

May 2005 | Volume 41, Issue 5

No more Dr. Nice Guy
Lynn R. Laufenberg

All too often, a medical negligence case turns on the simple question of the doctor’s 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 surgeon’s skill, and the hospital’s 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 haven’t 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 doesn’t have to be overly sophisticated: You can create powerful images even if you’re 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.

Features

Hidden burn hazards at home
Eunice Trevor and Richard Halpert

Common household products like mattresses, lighters, stoves, and clothing—even toys—can 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 isn’t easy, but these tactics can help you show that real injury occurred.

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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