THE MEDICAL MALPRACTICE DEFENSE THAT THE ACTIONS WERE AN EXERCISE OF MEDICAL JUDGMENT & NOT NEGLIGENCE

THE MEDICAL MALPRACTICE DEFENSE THAT THE ACTIONS WERE AN EXERCISE OF MEDICAL JUDGMENT & NOT NEGLIGENCE

Washington provides a defense in medical malpractice cases where the medical providerwas exercising medical judgment. The wording of the instruction the jury receivesrepresents an obstacle by providing a ready made defense for the medical provider. Theexamination of the provider should focus on undermining the excuse that it was simply amatter of judgment by showing that the judgment was improper and thereforemalpractice. The following is a rough drafted outline of general concepts you can refineand adapt to your case where it…

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THOUGHTS ABOUT BRAIN INJURY CASES

THOUGHTS ABOUT BRAIN INJURY CASES

Here are some random thoughts about the subject of brain injury. These cases require careful preparation and. understanding the injury from the standpoint of the client. Theme:            She is disabled & vulnerable because a chain is only as strong as its weakest link Problem:         Her burden is: out of sight is out of mind and she has lost the enjoyment of life Remedy:         Justice with the measurement of harm in money Analogies regarding value ’         Watch dropped and shows…

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MEET YOUR NEW BEST FRIEND – PREPARING THE PLAINTIFF FOR THEIR DEPOSITION

MEET YOUR NEW BEST FRIEND – PREPARING THE PLAINTIFF FOR THEIR DEPOSITION

My wife of forty-five years, Lita Barnett Luvera, and I were law partners for over 40 years until our retirement. Together. During that time, in addition to managing the office and trying. She was also. Responsible for preparing. Clients. In major cases, for their deposition as well as for their trial testimony. She prepared a paper. Or client preparation for deposition. Which was delivered as a speech to a trial organization. Before her retirement. Her advice is still relevant, and…

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