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.

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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A Fatal Standard of Care for Heart Attack Victims?

Medical negligence and wrongful death cases involving a delay in diagnosis and treatment of cardiovascular disease often present a common fact pattern. This article outlines the standard of care in diagnosing cardiac disease and how it often fails to avoid poor outcomes. It also discusses the handling of legal claims from misdiagnosis of cardiac disease. Changes occurring after 1998 place much greater emphasis on using cardiac enzymes to rule out cardiac explanations for chest pain symptoms.

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Ethical Considerations in Representation of Multiple Parties

This paper outlines the ethical issues involved in representing multiple parties injured in the same incident or parties that may have a conflict in terms of allocating damages. Examples include representing: 1. the estate’s representative as well as those who would be beneficiaries, 2. both husband and wife when one is injured and the spouse has a separate claim, and 3. parents and children in a claim of injury to the child.

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