Which Defendants Do You Name in a Medical Negligence Case?
In determining which defendants to name in a medical negligence case, the least number of defendants that still allow the claimant to present a strong case is preferred.
R.S.D. and Sympathetically Maintained Pain
Reflex sympathy dystrophy, a painful and often disabling condition arising from disruption of the sympathetic nervous system, is often difficult to diagnose and treat. The term currently used is “complex regional pain syndrome.”
Mediation in Medical Negligence Cases
Mediation — a voluntary settlement meeting with an independent mediator – is an alternative in medical negligence cases.
Discovery Goes to Trial: Use at Trial of Depositions, Admissions, and Interrogatories
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.
Res Ipsa Loquitur in Medical Negligence Cases
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.
Expert Witnesses
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.
Use of Expert Witnesses in the Trial of Injury/Death Claims
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.