Browsed by
Author: Paul Luvera

Luvera practiced plaintiff law 55 years. He is past President of the Inner Circle of Advocates & Washington State Trial Lawyers Association. Member ABOTA, American College of Trial Lawyers, International Academy, International Society of Barristers and the American Trial Lawyers Hall of Fame. Book Luvera on Advocacy available at Trial Guides Publishing Email paul@luvera.org
DEALING WITH THE “ERROR OF JUDGMENT” DEFENSE IN MEDICAL MALPRACTICE CASES

DEALING WITH THE “ERROR OF JUDGMENT” DEFENSE IN MEDICAL MALPRACTICE CASES

A common defense in medical malpractice cases is to assert the cause of the injury was an unintended outcome following medical judgment regarding acceptable choices between alternative medical judgments. Some states, like Washington, approve a jury instruction on this concept. Washington Pattern Jury Instruction 105.08 “Exercise of Judgment” provides: “A physician is not liable for selecting one of two or more alternative [courses of treatment] [diagnoses], if, in arriving at the judgment to [follow the particular course of treatment] [make the particular diagnosis], the…

Read More Read More

    OPENING STATEMENT DAMAGE CONCEPTS

    OPENING STATEMENT DAMAGE CONCEPTS

There are some fundamental legal concepts about damages that should be incorporated in most personal injury damage cases. Some of the more important ones include a factual introduction followed by a clear overview of the law of damages. It is important the jury understands there is only one trial to cover the past, present and the future of damages. A time distinction between these three periods relating to the damage claims should be made clear. The jurors need to understand…

Read More Read More

WHAT IS THE MOTIVATION FOR “NUCLEAR VERDICTS”

WHAT IS THE MOTIVATION FOR “NUCLEAR VERDICTS”

There have been a number of studies and publications by the defense and insurance interests about the trend of large verdicts commonly labeled by them as “Nuclear Verdicts. The information is of interest to plaintiff lawyers. Here are some examples of this kind of information. https://www.propertycasualty360.com/2023/07/21/what-are-nuclear-verdicts-and-why-are-they-occurring/ Nuclear verdicts are a relatively new phenomenon in the insurance industry. The term “nuclear verdict” refers to any court award or settlement that is higher than expected, but legal experts officially define a “nuclear…

Read More Read More