Medical and Dental Malpractice

The Hammer Clause is your friend

In professional malpractice cases, utilize the conflict the insurer causes its insured to resolve your case

Greg Stannard

From Issue: 2018 June

Recognizing EMTALA cases (Emergency Medical Treatment and Active Labor Act)

Regulating emergency care can be dangerous to the hospital as well as the patient

Barry Gustin

From Issue: 2008 June

MICRA

A manufactured crisis and a solution that keeps on giving – to insurers

Chuck Cordes

From Issue: 2012 October

Medical-malpractice cases should focus on the facts, not the experts

Don’t let the defense make your experts the focus of the case. Make jurors first focus on the facts that are in dispute and then weigh experts’ opinions

Bruce Fagel

From Issue: 2011 March

Medical malpractice: Beyond the discovery “three step”

Putting a case in context for the jury requires finding background information that supports your theory of liability and your expert witnesses

Bruce Fagel

From Issue: 2012 March

Mediating medical-malpractice cases

Top ten practical tips for resolving medical-negligence cases at mediation

Bruce Fagel

From Issue: 2011 April

The admissibility of a defendant’s written policies and procedures as evidence of the standard of care

From hospitals to railroads, police agencies to banking, P&P can be used to establish duty and standards of care

Shirley K. Watkins

From Issue: 2008 May

Post-Keys: Negligent infliction of emotional distress on bystanders to medical malpractice

In 1985 it took the tragic death of a teenager to bring about bystander NIED claims in medical malpractice cases; the recent Keys’ decision builds upon that foundation

Markus B. Willoughby

From Issue: 2015 November