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Category: Malpractice

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…

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BIRTH INJURY VOIR DIRE

BIRTH INJURY VOIR DIRE

I’m providing an outline from a trial several years ago involving a medical malpractice case. The case involved the birth of a child which was supervised by a midwife and then transferred to a hospital for the birth. I would make revisions in this outline if I were to try the case today. However, I wanted you to see an actual format that would allow you to make your own revisions for a similar case tried today. In addition, there…

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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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