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Medical Malpractice Defense

Your nurse witness can be your best witness — here’s how.

by Michelle Dian
Attorney speaking with nurse and doctor

A well-prepared nurse witness can help win your case. Consider this all-too-common scenario in nursing homes, assisted living facilities, and rehabilitation centers: despite quality care, a patient develops a decubitus ulcer and sues. And, even though the nurses charted appropriate … Read more

Categories Medical Malpractice Defense, Trial Strategies

W&B War Stories: The Daubert Challenge

by Christina Billiet
Doctors performing surgery

In this Video Think Piece, Christina Billiet and Kaitlan Skrainar discuss a case they tried — and won — in which they employed a new strategy recently made available in Maryland: the Daubert challenge and evidentiary hearing. This case involved … Read more

Categories Medical Malpractice Defense

Return of the Reptile: Jury Attitudes are Changing (and it isn’t pretty)

by Nicole Deford
Iguana banner

We have all seen the ways the pandemic has impacted litigation — it has shut down our jury trials, practically eliminated in-person discovery, and forced everyone to get comfortable with Zoom. And with these changes comes a new threat to … Read more

Categories Medical Malpractice Defense, Trial Strategies

Make Plaintiffs Prove the Element of Causation in their Informed Consent Claims

by April Hitzelberger
Blue Exercise Band

Recently, in our first Covid-19 trial, we successfully defended a surgeon against the claim that he failed to obtain the plaintiff’s informed consent for an endoscopic carpal tunnel surgery. The doctrine of informed consent requires physicians to explain a procedure … Read more

Categories Medical Malpractice Defense, Trial Strategies

Do You Really Need a Jury?

by Kaitlan Skrainar
Conference Room Table

Most parties to a lawsuit want their “day in court.” But does that need to occur in a courtroom, and in front of a jury? For the right case, there is a less time-consuming and far less expensive alternative to … Read more

Categories Medical Malpractice Defense, Trial Strategies

Know How to Combat Plaintiffs’ Speculative Loss of Household Services Claims

by Anthony Breschi
Woman Cleaning Window

For decades, health care professionals and insureds in wrongful death cases were exposed to speculative claims for loss of household services. No rules guided counsel (or expert witnesses) on what must be proven to recover loss of household services. Plaintiffs … Read more

Categories Medical Malpractice Defense, Trial Strategies
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