Medical Malpractice Newsletters

Arbitration

In the world of commercial business, arbitration is a frequently used procedure for the settlement of disputes. The parties submit to one or more persons selected either by themselves, by a neutral body, or by statute, and the arbitrators investigate the issues in order to make a final and binding decision. Arbitration is used in place of legal proceedings, and it can be a less expensive and more efficient way to solve legal disagreements.

Compensating the Expert Medical Malpractice Witness

Before the trial begins, the expert physician and the attorney should have a crystal clear understanding about the amount of the payment and who is responsible for that payment. Generally, it is considered unethical for a medical expert witness to agree to a payment based on the amount of the award. Under agreements between medical societies and bar associations in some states, it is the obligation of the attorney, not the client, to compensate the expert.

Medical Malpractice Countersuits

Medical Malpractice Countersuits

Obtaining Medical Records in Medical Malpractice Cases

A medical malpractice claim is based on an alleged injury to a patient, and the patient's medical records are needed to either prove or disprove the claim. Early in the case, it is often wise to obtain all medical records, including those of prior illnesses and injuries, even if they do not seem relevant to the claimed injury. Numerous hospitals, clinics, and physicians may hold these records.

Spoliation of Evidence

Spoliation of Evidence