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The question of whether expert witnesses should be immune from disciplinary action when they testify as experts in medical malpractice trials is not just an American issue. Medical societies and courts worldwide are grappling with the subject and their decisions can inform discussions in our own country.
Last month, the authors discussed the fact that state laws vary regarding whether and when an impaired plaintiff can be present in the courtroom during the trial of his or her case. The authors conclude with a discussion on methods for diminishing the emotional impact on the jury of the courtroom presence of such a plaintiff.
Many nervous attorneys are inundating their state and local bar associations with questions about what their personal and firm responsibilities are when client trust accounts are held in banks that fail. Bar associations are responding with Web postings and formal ethics opinions.
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Recent rulings of interest to you and your practice.
Last month, the authors discussed some valuable advice that prescribers can use when they are faced with a patient suffering from chronic pain yet also want to avoid, as much as possible, potential investigation or liability. The conclusion herein reviews some of those recommendations.
Few cases inspire more sympathy than those involving a seriously impaired plaintiff. Such cases can be daunting to defense counsel because of the potential for juries to allow sympathy to overshadow their legal duty to consider the facts of each case objectively.
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Lately, it is becoming increasingly clear that prisoners in our criminal justice systems are not the only ones at risk for receiving substandard medical care; similar problems are occurring in immigrant detention facilities. A look at two cases.