Empathy can be hard to come by in these polarized times. Social media gives perhaps the most transparent picture of how entrenched people are on their own sides of issues, with no shortage of hateful comments about the people who see things differently. A quick look at the comments on any news site, about virtually any news story, shows the divisiveness we have apparently grown accustomed to in our thinking and conversations. Unfortunately, community seems to form more quickly around what we are against (politicians, laws, even celebrities) instead of what we support.

Medical negligence claims are lightning rods for this divisive thinking. On a macroscopic level, we all know the battle positions by heart; there is no need to rehash the tort reform debate for the audience of this publication. But the more insidious struggle for plaintiffs happens on a case-by-case basis, as they are subjected to discovery and deposition questioning often intended to paint them as generally unlikeable and therefore unworthy of recovery. 

When plaintiffs prepare for their depositions, we counsel them to anticipate questions with a disparaging edge, which might otherwise catch them off-guard. It seems accepted that part of the job for opposing counsel is to make our clients look irresponsible, untrustworthy, lazy, foolish, and—worst of all—greedy for bringing a medical negligence claim at all. It can become exhausting to constantly anticipate these tactics, which have nothing to do with the heart of the claim or the negligence in question. 

As the New Year begins, it is a perfect time to reflect on the importance of day-to-day advocacy and respect for our clients, from the moment they hire us to the final outcome of the case (and all the unglamorous work in between). When we do our job well, our clients cannot be ignored by adjustors, risk managers, or juries. They cannot be simply dismissed as greedy, ungrateful patients who will most likely go away. We work every day to bring dignity to the people we represent, in the wake of life-changing events that were out of their control. This organization exists so that we may support each other in this effort. 

This year, the Medical Negligence Section will continue to be active with meetings and the creation of a WSAJ Medical Negligence Deskbook, which will become a resource for all attorneys representing clients harmed by medical negligence in Washington. We will also continue to share ideas and resources via the Medical Negligence email list. Beyond WSAJ meetings, publications, and email lists, our members will collaborate and consult with one another, as always. May we work together to have the grace to empathize with others, while keeping up the strength to help our clients through the stress of litigation.

Tyler Goldberg-Hoss, WSAJ EAGLE member, practices at Chemnick, Moen, & Greenstreet in Seattle. 
Angela Macey-Cushman, WSAJ EAGLE member, practices at Morrow Kidman Tinker Macey-Cushman, on Bainbridge Island.

This article originally appeared in the January 2015 Trial News, found here:

https://www.washingtonjustice.org/index.cfm?pg=trialNewsDB&tnType=view&indexID=10663

Publication Date: January 2015
Volume: 50-5
Authors: Tyler Goldberg-Hoss , Angela Macey-Cushman
Categories: Medical Negligence, Case Preparation, Section Updates