Articles

Articles

6/1/2007
By James A. McFall The aftermath of the September 11, 2001 attack on the World Trade Center (WTC) brought into focus a number of coverage issues that have previously not been confronted by the insurance industry or its customers. Terrorism by nature is a disruptive force. The resulting destruction is not just limited to physical damage but extends to far reaching, yet subtle, economic disruption.
4/16/2007
By Hugh A. McCabe 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.
3/1/2007
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. ...
2/19/2007
By Hugh A. McCabe 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.
1/1/2007
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.
12/18/2006
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.
12/1/2006
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.
11/1/2006
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.

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