Once upon a time… There were two medical malpractice cases. Both defense attorneys believed the medicine was probably “too complicated” for the jury to understand. As a result, Defense Attorney A spent too much time educating the jury on the …
In many malpractice cases, plaintiff’s attorneys have adopted a new strategy: the Reptilian Theory of Liability. In short, the “Reptile Theory” asserts that one can prevail at trial by speaking to, and scaring, the part of jurors’ brains they share with reptiles …
In sincere appreciation for all you do, we would like to share our holiday eBook: Waranch & Brown’s Top 10 “Think Pieces” of 2013: Medical Defense Strategies, Tactics and Thoughts for Health Care Providers, Insureds and Insurance Companies. Click here to get your …
Reasonable people can disagree, but we often agree with Plaintiffs’ counsel that each side will pay their own experts. If this agreement cannot be reached, however, Maryland Rule 2-402(g)(3) requires opposing counsel to pay your expert’s reasonable time and travel …
When you’re treating an 89-year-old incapacitated man with brain cancer, but the kids can’t agree about the kind of care he should get, what do you do? You have two courses to take. If he has a legal health care proxy, follow …
Physicians and hospitals are facing more “wrongful birth” claims than ever before. With the increased availability and advances in prenatal genetic testing, patients are obtaining more tests than ever in order to identify abnormalities prior to birth. So when babies …