ARTICLES

The Medical Malpractice Attorneys at CMG Law are regular contributors to Trial News, the monthly publication of the Washington State Association for Justice (WSAJ). These articles support all medical malpractice attorneys in Washington and their clients with useful information about litigating such claims.

In addition, Tyler Goldberg-Hoss, Gene Moen, and Carl-Erich Kruse have each served as chair or co-chair of the WSAJ Medical Negligence Section. And in 2016, Tyler served as editor of the first Medical Negligence Deskbook, published in 2016.

The Operation Was a Success but The Patient Died: Sleep Apnea and Post-Operative Hypoxias

Since the mid-1990’s the medical literature has reflected a growing awareness of the risks of post-operative pain medications in a patient with sleep apnea (obstructive sleep apnea or obstructive airway syndrome). In patients with obstructive sleep apnea, the airway completely or partially occludes during sleep despite respiratory effort. Arousal from sleep temporarily reopens the upper airway, but falling back asleep may close it and start the process of airway closure and arousal again.

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When One or the Other Means Both

In some cases, even when it is clear that a health care provider was at fault, it can be challenging to prove which provider it was and how much worse the error made the patient. In this case, it was necessary to convince two different providers to contribute toward a settlement based on the risk that each might be the one found to be responsible and that the negligent act resulted in the patient’s death 6-1/2 months later.

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Preexisting Conditions: How to Deal with Them at Trial

Medical standards are involved in determining when a surgical patient needs medications to prevent the development of deep vein thrombosis (clots in the legs) and in monitoring the medications after surgery. The article outlines the legal issues involved in a claim arising from negligent treatment that leads to deep vein thrombosis.

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Finding and Empowering Expert Witnesses

This paper outlines practical suggestions for dealing with expert witnesses in medical negligence cases and most personal injury cases. Suggestions are offered for ways of locating and retaining credible experts, what to send them, preparing them for their depositions, and developing trial testimony.

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