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Category: Malpractice

FACTS ABOUT THE HUMAN BRAIN

FACTS ABOUT THE HUMAN BRAIN

Trial lawyers involved in persuasion and communication should study how the human brain functions. Here are a few facts to help us understand more about our brain. See the book Incognito: The Secret Lives of the Brain  by David Eagleman for a full description of facts and information The Brain The  brain is three pounds of  the most complex material we have discovered in the universe. This is the mission control center that drives the whole operation. Your brain is…

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SOME THOUGHTS ABOUT MEDICAL MALPRACTICE CASES

SOME THOUGHTS ABOUT MEDICAL MALPRACTICE CASES

I have some personal views about plaintiff representation of a medical malpractice case based upon experience and research. The basic ones include: (1) trials are struggles for juror impression and not a contest of rational logic. (2) Values and strongly held beliefs along with significant past experiences have a powerful impact on decisions vs rational logic and (3) proof of betrayal is significantly more powerful than proof of a medical mistake or negligence. To outline what we all know from…

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DEALING WITH THE “MEDICAL JUDGMENT” DEFENSE

DEALING WITH THE “MEDICAL JUDGMENT” DEFENSE

The majority of states have a law like Washington’s regarding the issue of exercise of medical judgment. Our law provides (WP 1 05.08) : “A physician is not liable for selecting one of two or more alternative courses of treatment, if in arriving at the judgment to follow a particular course of treatment, the physician exercised reasonable care and skill within the standard of care the physician was obligated to follow.”                         Preventing or Minimizing Risk of Serious Medical Complications agree…

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