Archive - Article
Archive - Article
April 15th, 2007
Are You Sure You Know Retaliation When You See It?
By Hugh A. McCabe & Alan B. Graves
Employers Need to be on Guard in the Workplace
Employers need to be on guard to protect themselves against claims brought for employment discrimination based upon retaliation as California has a liberal view of the employee’s right to sue for retaliation.
March 18th
Employer Investigations into Claims of Employment Discrimination: Are They Protected by Attorney-Client Privilege and Work Product Doctrine?
By Hugh A. McCabe & Alan B. Graves
February 28th
Preparing for Deposition as the Defendant Physician
By David P. Burke
The deposition of the defendant physician is critical to the successful defense of a medical malpractice or elder abuse claim. The plaintiff takes the physician’s deposition to evaluate two things: the medicine and the witness talking about the medicine. Like most activities, the keys to the deposition are preparation and execution. The first article in this series will address four areas of preparation that will greatly assist the defense.
February 18th
Recovery of Attorneys Fees, A Benefit for the Public Good?
By Hugh A. McCabe & Alan B. Graves
Attorney fees are often a driving force behind filing a lawsuit. In California, the general rule for attorney fees are each party to a lawsuit must ordinarily pay his or her own attorney fees, unless a specific statue provides otherwise. This premise has even been codified by California Legislature at Code of Civil Procedure section 1021.
December 31st
Stop and Think Before Discussing Prior Healthcare
In today’s world, it is common for a patient to see several different doctors during a course of treatment. If careless with comments to patients regarding prior treatment, doctors may find themselves testifying in deposition and/or court. Doctors must realize that critical analysis of another physician’s treatment may become a significant component of a future malpractice claim against that physician.
December 17th, 2006
Worker's Compensation is Not Necessarily a Bad Thing
The worker’s compensation system has come under attack in recent years. Despite the criticism, worker’s compensation can present a defense to litigation, but it can also impose significant obstacles to defending a claim.
November 30th
Does Your Disability Insurance Protect You?
By James A. McFall
Are you and your family protected in the event of an unforeseen disabling illness or accident? Disability insurance may be purchased through a group plan or on an individual basis. Often insureds are ignorant about their coverages. This article explores some policy differences and potential pitfalls.
Apologize...or Not?
By Clark R. Hudson
Not infrequently doctors are faced with situations where a patient has experienced an adverse outcome or event. How should the doctor approach this situation? Is saying “I’m sorry” the equivalent of saying “I’m at fault” in the State of California? The simple answer is no.
October 15th
The Policy Of "The Customer Is Always Right" Does Not Extend To Sexual Harassment
All employers realize they must provide a workplace free of sexual harassment. The employer could only be liable when the sexual harassment was committed by a supervisor or co-worker.