Think Piece Articles

Thumbs in a circle
Kaitlan Skrainar

Can Your Expert Opinion Get You Sued?

Consider this unusual scenario: A psychologist performs a custodial evaluation in a child custody proceeding. Subsequently, this provider is sued for statements he made in his court-requested evaluation report. Can a health care provider really be found liable for his professional judgment and statements made in connection with a judicial proceeding? We argue, “no!” We

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Ambulance parked at hospital emergency room
Neal Brown

W&B War Story: How to Win on Reasonableness

In this Video Think Piece, trial attorneys Neal Brown and Michelle Dian explain how sticking to their story of “reasonableness” helped them win a recent trial in Prince George’s County. In this Video Think Piece, trial attorneys Neal Brown and Michelle Dian explain how sticking to their story of “reasonableness” helped them win a recent

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Attorney speaking with nurse and doctor
Michelle Dian

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

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 care, the plaintiffs want to depose them first. Why? They hope the nurses will give

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Medical Decision Making Blue Gears
Lisa J. Russell

Shortcuts in Medical Decision-Making: Good or Bad?

Like anyone, health care professionals take mental shortcuts to get through a busy day. Building on lessons learned from past experiences, mental shortcuts seemingly help us (1) make more decisions; (2) act in a more efficient manner; and (3) reduce the room for error. Mental shortcuts are a good thing. Or are they? In a

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Waranch & Brown's 2021 Think Piece Holiday Two-Pack
WaranchB

A 2021 Holiday Greeting from Waranch & Brown

In sincere appreciation of all you do, we are pleased to share a special version of our annual holiday eBook: Waranch & Brown‘s “Think Piece Holiday Two-Pack.”  This year, we present our eBook in two parts: Part I includes trial tactics and Part II contains physician/practice tips.  Both parts offer ideas for reducing damages, avoiding

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Doctor consoling patient
Saamia Dasti

Is it ever safe to say “I’m sorry”?

Healthcare providers walk a fine line. They probably chose this challenging career because they are devoted to caring for others. But in today’s litigious climate, using certain words to demonstrate empathy might land them in hot water. For example, “I’m sorry.” If healthcare providers apologize to patients or their family members — even to express

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