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THE IMPORTANCE OF PROVING CAUSATION

THE IMPORTANCE OF PROVING CAUSATION

Too often plaintiff lawyers totally focus on liability in evaluating and trial of their case. But, often the most vulnerable part of the case is connecting liability to the fault of the defendant. The defense very often relies on lack of causation as the main defense issue. This is particularly true in medical negligence cases and major damage cases. In fact, some plaintiff lawyers believe in offering proof of causation as the first evidence they present in their case, before…

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MEDICAL MALPRACTICE JURY PROFILE OUTLINE

MEDICAL MALPRACTICE JURY PROFILE OUTLINE

. There is no single profile that is perfect for any juror in a medical malpractice case. However, there are some characteristics and attitudes that commonly are relevant factors in evaluating a potential juror in such case. What follows is a single page outline of a juror profile in such a case which will have some general application in evaluating potential jurors. It is from an actual trial, but obviously requires a good deal of revision to be applicable in…

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WASHINGTON’S COMPARATIVE NEGLIGENCE

WASHINGTON’S COMPARATIVE NEGLIGENCE

What is Comparative Negligence? Washington law, for many years, followed a strict contributory negligence rule that barred the plaintiff from recovering anything if contributory negligence to any degree was proven. Our law changed to one of comparative negligence as set out in RCW 4.22.005 “Effect of Contributory Fault” which provides: “In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the…

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