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.
This presentation outlines the court rules, appellate court rulings, and ethical rules that govern responses a plaintiff’s attorney must make to discovery requests, including interrogatories, by another party.
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.
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.
The costs of litigation and taking a case to trial are so great there is a new emphasis on alternative dispute resolution in personal injury cases. Although arbitrations are sometimes substituted for a jury trial, mediation is the preferred and more common means of resolving a claim without the need for a trial.
This paper outlines legal defenses based on the federal Employee Retirement Income Security Act, how the act applies to medical negligence claims, and how court rulings have gradually eroded those defenses.
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.
