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CMG Articles

Hospital Agency for Non-Employee Negligence

By Gene Moen

With the advent of managed care and a constantly changing ownership structure for many health care providers, it is difficult to know who should be included as a defendant in a medical negligence case. This article outlines the legal basis for asserting liability of a hospital for negligence of those working in the hospital, such as emergency room physicians, radiologists, and laboratory personnel regardless of the “employee” or “contractor” label applied.

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New Trends in Medical Negligence

By Chemnick | Moen | Greenstreet

Trends in medical negligence law and litigation, including economic and social changes that impact the number of claims, changes in public perceptions, expanding concepts of liability, difficulties in determining responsibility for particular care decisions, systems errors, and telemedicine are outlined.

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Submitting Claims to Hospital Districts

By Gene Moen

Strict claim-filing requirements must be followed before suing a government entity, including a hospital district. If all of the statutory requirements are not followed, the case may be dismissed. A case is outlined in which it was almost impossible to determine who to serve with a claim and how to do it. As a result of this case and article, the Washington legislature passed a new law requiring all hospital districts to name a registered agent for the purpose of serving claims.

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Disclosures in Discovery: What's Required from the Plaintiff?

By Gene Moen

This presentation outlines the court rules, appellate court rulings, and ethical rules that govern responses a plaintiff’s attorney must make to discovery requests, including interrogatories, by another party.

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A Fatal Standard of Care for Heart Attack Victims?

By Gene Moen

Medical negligence and wrongful death cases involving a delay in diagnosis and treatment of cardiovascular disease often present a common fact pattern. This article outlines the standard of care in diagnosing cardiac disease and how it often fails to avoid poor outcomes. It also discusses the handling of legal claims from misdiagnosis of cardiac disease. Changes occurring after 1998 place much greater emphasis on using cardiac enzymes to rule out cardiac explanations for chest pain symptoms.

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