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Defense Strategies Medical Malpractice

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

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The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

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A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more

Marshall Dennehey

Pennsylvania Superior Court Finds the Treatment of a Dog Bite Undeniably “Arises Out of” the Dog Bite and Medical Negligence...

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Early v. Patient First Medical Group, et al., 311 A.3d 608 (Pa. Super. Dec. 26, 2023) - The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - October 12th - 13th, Philadelphia, PA

Obstetrics malpractice claims continue to be the most expensive within the medical malpractice arena. The unparalleled faculty of claim specialists, risk managers, medical experts – as well as a wide array of plaintiff and...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Oberheiden P.C.

Ten Things You Should Do NOW if Your Medical License is at Risk

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As a doctor or other licensed medical professional, the prospect of losing your license to practice medicine can be overwhelming. But, to protect your license—and your career—to the fullest extent possible, you need to act...more

Oberheiden P.C.

Medical Board Investigations: What Doctors Need to Know in 2023

Oberheiden P.C. on

As a licensed physician, facing a medical board investigation could mean that your career is on the line. Even though you spent years in medical school and in residency, and even though you may have spent decades honing your...more

Oberheiden P.C.

5 Keys to Effective Texas Medical Board Investigation Defense

Oberheiden P.C. on

As a licensed physician in Texas, facing a Texas Medical Board (TMB) investigation can present significant risks. Depending on the allegations underlying the investigation, your medical license could be in jeopardy—and you...more

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Hinshaw & Culbertson - Health Care

Defendant Physician can be Cross-Examined With His Disclosure and ACR Guidelines: Hinshaw's Annual Guide to Key Illinois Medical...

Can the trial court properly bar plaintiff from introducing defendant radiologist's Rule 213(f)(iii) disclosure as an admission against interest, or questioning him about the American College of Radiology (ACR) practice...more

Hinshaw & Culbertson - Health Care

Improper Remarks During Closing Argument Reverse Defense Verdict: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can comments intended to inflame the passions of the jury, even if directed at a non-party, result in error? Michael Konewko v. Advocate Health and Hospitals Corporation d/b/a Advocate Good Samaritan Hospital 2020 IL App...more

Miles & Stockbridge P.C.

Md. High Court to Defendants: Don’t Show Up Empty Handed When Using the “Empty Chair” Defense

The “empty chair” defense, where the defendant denies responsibility for the plaintiff’s injuries and blames a person absent from trial (i.e. the “empty chair”), can be extremely effective in tort actions. The Court of...more

Oberheiden P.C.

Is Your Medical License at Risk? What Doctors Need to Know about ALJ Hearings

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As a doctor, allegations of medical malpractice or other unlawful or unethical conduct can have wide-ranging implications. In addition to facing civil liability and the prospect of a significant increase in your medical...more

Holland & Hart - Your Trial Message

Med-Mal Defendants: You Want a Jury of Educated Legal Skeptics

For trial lawyers, there is a great deal of lore on the kinds of jurors you would want for particular cases. While some attorneys will focus on traits like gender, age, or occupation, the smarter course, in my view, is to...more

NAM (National Arbitration and Mediation)

The Mediation Of Catastrophic Injury Medical Malpractice Cases

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)...more

Holland & Hart - Your Trial Message

Expect Some Favoritism for Those on the Front Lines

As the national and international coronavirus crisis is still moving toward its peak, one of the few bright spots has been hearing about the daily acts of support for the many medical professionals who are on the front lines...more

NAM (National Arbitration and Mediation)

Resolving Medical Malpractice Matters - Positive Outcomes Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more

Robins Kaplan LLP

[Event] 2019 Trial Advocacy Seminar: Back to Justice - October 14th, Minneapolis, MN

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The future is now. Artificial intelligence is all around us, from our homes to our workplaces to our hospitals. Automobiles drive themselves. Wearable devices track our every move and measure our health. Our genetic code can...more

Esquire Deposition Solutions, LLC

Successful Techniques for Deposing a Physician Defendant

The most critical aspect in the defense of a medical malpractice lawsuit is the deposition of the physician defendant. Since the majority of medical malpractice actions are concluded prior to trial, the deposition is often...more

Holland & Hart - Your Trial Message

Doctors, Don’t Expect a Partial ‘Sorry’ to Reduce Liability

Across the U.S., physicians are increasingly allowed to say “I’m sorry” without it being used as evidence against them in court. These apology laws, now on the books in 39 states and the District of Columbia, are directed at...more

American Conference Institute (ACI)

[Event] Obstetric Malpractice Claims – Insights on Complex Medical Litigation for Medical Malpractice Plaintiff and Defense...

Be a part of the nation’s premier obstetric malpractice conference, bringing perspectives from all sides, and ensure that you stay current on the evolving standards of care, emerging theories of liability, and new defense...more

Holland & Hart - Your Trial Message

Emphasize Participation in Informed Consent

There’s a logical reaction when one hears about some of the claims that end up as the basis for a medical malpractice claim. That reaction might go something like this: So the injury that the plaintiff complains of,...more

Holland & Hart - Your Trial Message

Be Craftier than the Snake: Observations from DRI’s 2018 ‘Reptile’ Seminar

I have had a long-running interest in Don Keenan and David Ball’s perspective on plaintiffs’ trial and discovery advocacy called “The Reptile,” the notion that one can motivate jurors to side with a plaintiff by tapping into...more

Snell & Wilmer

Arizona Civil Verdicts, 2016

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For the past 13 years, I’ve written the cover story of the state bar magazine, Arizona Attorney, about Arizona verdicts. The latest one is out. Here are 2016’s top Arizona verdicts, significant defense verdicts, punitive...more

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