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CMG Articles

Mediation in Medical Negligence Cases

By Gene Moen

Mediation — a voluntary settlement meeting with an independent mediator - is an alternative in medical negligence cases.

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Discovery Goes to Trial: Use at Trial of Depositions, Admissions, and Interrogatories

By Gene Moen

This paper discusses the various ways “discovery” materials, such as interrogatory answers or depositions transcripts, may be used as either as direct evidence or rebuttal evidence during trials.

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Res Ipsa Loquitur in Medical Negligence Cases

By Pat Greenstreet

Under the doctrine of “res ipsa loquitur,” a legal term meaning “the thing speaks for itself,” a jury can find medical negligence if the circumstances of an injury are such that it would ordinarily happen only if the defendant were negligent. Expert witnesses might still be needed, especially if there is more than one defendant in the lawsuit.

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Expert Witnesses

By Gene Moen

Medical negligence cases are often “battles of the experts.” With few exceptions, you cannot present a medical negligence claim without using experts. This paper discusses both the legal and practical issues involved in obtaining expert support in a complex case, including a medical negligence claim.

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Use of Expert Witnesses in the Trial of Injury/Death Claims

By Gene Moen

Strategies for finding, disclosing, and using expert witnesses in the discovery phase of complex litigation are outlined. There may be some changes in the law since this article was published in 1994.

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