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While it can enhance a trial presentation, not every trial will benefit from the use of technology, and in many instances it can be an expensive hindrance rather than an asset. It may be wise to use technology judiciously.
In last month's newsletter, we discussed a case in which a South Carolina plaintiff avoided dismissal of a medical malpractice case on motion for summary judgment by relying solely on the defendant medical care facility's violation of its own polices and procedures as evidence of negligence. We conclude the discussion herein.
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In today's climate of increasing concern about medical malpractice liability, is it safe for a doctor to give advice when asked by a treating physician?
Frequently, written policies and procedures are used to instruct nurses or other non-physician employees on the protocols for a variety of activities. This practice can make training and employment performance issues easier for the provider. However, it can also expose the organization to criticism when these seemingly arbitrary policies are not precisely followed.
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Last month, we discussed the fact that a defendant should be permitted to offer evidence that the plaintiff's injuries could have occurred in the absence of negligence. Conversely, the defendant should not be permitted to offer evidence that might lead a jury to improperly infer that the mere fact that a complication is a known risk of the procedure is evidence that the defendant was not negligent in causing that complication. The discussion concludes herein.