Neal Brown
Why Can’t Trial Counsel Tell Me About the Jurors?
We believe it greatly aids our insurance carrier client to understand the jury composition. That’s why we always request permission of the Court to share this information. But when the judge says “no,” we offer other solutions. Here’s an example: … Read more
When Steve Hits John With His Car, Does It Matter WHY?
As an insurance carrier involved in a medical malpractice case, a key part of your legal strategy will be understanding your exposure to damages. We all know non-economic damages arising out of negligence claims, whether common negligence or medical malpractice, … Read more
Informed Refusal is the Patient’s Right – And Insisting on Documentation is Yours!
Yes, you can be sued even when the patient refuses recommended medical treatment. The best way to minimize the risk to your medical practice is to document, document, document. In today’s Think Piece, consider the case of a patient refusing recommended … Read more
Not on Call? What is Your Duty?
Imagine you’re an office-based physician with privileges to practice at a hospital where you do not take call. A patient you treated in the past presents to the Emergency Department at that hospital. You are asked to come in but decline, … Read more
Who Lost the Right to Attend the Deposition?
A physician defendant appears for deposition with her lawyer. To their surprise, plaintiff’s counsel brought along a “nurse advisor” to the deposition. This advisor was not a party, a party’s lawyer (or the lawyer’s employee) or an expert witness. Does … Read more