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For the last 20 years, the standard of practice for preparing a medical witness in a medical negligence matter was to prepare the witness the day of or the day before the deposition, for one hour or two — and then move directly into the deposition. We don’t know whether it was a focus on the costs of preparation or the belief that physicians and health care providers in general, because of the nature of the training and the use of the Socratic Method, meant that they were more a natural witness. It could have even been the thought that the witness, a doctor, was too busy to spend time preparing for something as trivial as a negligence lawsuit. Or, perhaps, the witness was being unavailable to counsel because the doctor did not want to face the issue.
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By Janice G. Inman
In a drug or medical device injury case, one of the defense’s most potent arguments is often that the product in question underwent FDA approval, so the balance of its safety and efficacy has already been determined. But when a device is approved for sale to the public through the FDA’s 510(k) process, the rigorous safety and efficacy analysis required of new and unique medical devices has not been undertaken.
By Kevin Quinley
For health care services to serve an influx of patients, so-called “physician extenders” now carry out functions previously performed by doctors. The aim of this article is to examine factors driving the growth in physician extenders, identify liability “hotspots” and offer tactics for health care providers to use in managing professional/medical liability risks.
By Mitch Warnock
Part Two of a Two-Part Article
Your paralyzed client currently has many problems to deal with, but the future holds many more. In order to advocate for your client, you need to gain an understanding of his or her current and future challenges, and work to maximize the resources your client will need to deal with them.
By Janice G. Inman
When an injury occurs, the first reaction of those in the medical office might be to ask, "Did the patient sign an informed consent form?" When the answer is "Yes," and the harm that occurred is listed as a possibility on that signed form, everyone can breathe a sigh of relief. Right? Not so fast.