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. ...
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.
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.
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.
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.
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.
Consider the following scenario: A California company hires a model for a single day of work. They agree on a daily wage of $500. Once the day is over and the job finished, the model is released and presumably returns to her regular job. The Company doesn’t pay the model the $500 for 2 months. The result? The company may ultimately pay over $15,000 in wage penalties for the latepayment and attorney fees.
By Hugh A. McCabe
As an employer, workplace injuries, medical concerns, and employee disabilities present complicated issues which can expose an employer to discrimination-based liability. While legal considerations in such situations are indeed c omplex, this article will provide a general guideline to navigate the various issues an employer may encounter in an employee disability situation.