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.

A New Standard of Care for Cardiac Cases

Cardiac enzyme testing is currently relied on to help rule out a cardiac explanation for symptoms that may represent acute cardiac syndrome. This article is a sequel to “A Fatal Standard of Care for Heart Attack Victims?”

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Handling Deep Vein Thrombosis and Pulmonary Emboli Cases

Deep vein thrombosis (DVT or clots) is a common problem occurring after certain kinds of surgeries. This article analyzes claims based on deep vein thrombosis and pulmonary emboli (resulting from the clots), including the type of claim that may arise, how to determine negligence, what kinds of experts are needed, and damages that may occur in such cases.

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Hospital Agency for Non-Employee Negligence

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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Four Discovery Issues in Medical Negligence Cases

The four specific issues relating to discovery or admissibility of evidence in medical negligence cases are: 1. Communications with potential defendant health care providers within their group or employer’s practice; 2. Securing and presenting evidence on prior misdeeds by health care providers in hospital negligence claims; 3. Inadequate disclosure relating to expert witnesses; and 4. Use of contention interrogatories. Each is discussed.

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New Trends in Medical Negligence

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

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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