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.
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 — a voluntary settlement meeting with an independent mediator – is an alternative in medical negligence cases.
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.
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.
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.
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.
