The Attorney at Work site has a helpful post that reminds us of ten ways to avoid malpractice claims. Here is an excerpt: 4. Document, document, document. It’s not practical to document everything on every matter, but document as much as you can in some contemporaneous manner. Letters are fine, but…
The Kentucky Supreme Court has ruled that a plaintiff who asserted a claim of mental injury waived her right to assert that the psychotherapist-patient privilege protected her prior mental health records. In Dudley v. Jefferson Circuit Court, 2010-SC-000458-M (Ken. S.C. 6/10/2011) plaintiff brought a medical malpractice claim alleging, inter alia,…
It comes of no surprise to lawyers that there are lots of lawyers looking for work. Our office receives resumes from lawyers almost on a daily basis, and many have impressive backgrounds. This article from the June 29, 2011 New York Times describes the state of the employment market for new…
The Doctors Company, a professional liability insurer for physicians, has a "Knowledge Center" on its website that contains lots of useful information. Here is a great example. In "Telephone Safety and Patient Triage," the writer explains that "implementing an effective telephone triage system in the office practice can improve physician-patient…
The California Court of Appeals has ruled that an amusement park operator cannot assert primary assumption of risk as a complete defense to a case arsing from an injury at the park. In Nalwar v. Cedar Fair, L.P. H03453 (Cal. Ct. App. 6th Dist. 6/10/11), held "that primary assumption of risk…
Winning Trial Advocacy Tips is back, this time with a post giving great suggestions on how to make sure your jury sees and hears your evidence. An excerpt: 1. How to guarantee that the jury hears every word of your recorded statement. As you start playing the audio recording, cup your…
In Goodyear Dunlap Tires Operations, S.A. v. Brown, No. 1076, 564 U.S. ____ (2011) the United States Supreme Court was confronted with the following question: "Are foreign subsidiaries of a United States parent corporation amenable to suit in state court on claims unrelated to any activity of the subsidiaries in the forum…
Many personal injury lawyers are looking for ways to improve access to data during voir dire. Here is an article that discusses the use of the IPad during jury selection. The article includes a video that reviews two software products for the IPad. The IPad is amazing but I don’t…
Jessica Brylo has written an very interesting article about obtaining services of trial consultants when money is tight. The article has a summary on the services that consultants provide and then offers suggestions about how to reduce the cost of the services while still have access to the expertise of…
The high court in West Virginia has refused to vacate legislation that placed a cap on damages for non-economic loss in medical negligence cases. In McDonald v. City Hospital, Inc., No. 35543 (W.Va. 6/22/2011) the court ruled that the West Virginia Constitution did not limit the power of the Legislature…