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Challenging hospitals that
tolerate incompetent doctors
James W. Gustafson Jr. and Thomas D. Masterson
A hospital that grants staff privileges to physicians
without first investigating their backgrounds—or
while turning a blind eye to blemishes on a physician’s
record—must be held accountable when the physician
injures a patient. A negligent-credentialing claim can
right the wrongs of hospitals that use dangerous doctors.
An unwise ‘reform’
measure
David M. Kopstein
Plaintiffs in many states are required to submit certificates
of merit, verifying the legitimacy of claims involving
professional standards of care. This requirement presents
unconstitutional procedural hurdles for patients seeking
justice. The author explains why laws requiring the certificates
are neither necessary nor right.
Keeping an eye on LASIK
B. Kent Buckingham
Not all ophthalmology patients seeking to correct their
vision with laser eye surgery are suitable candidates
for the procedure. Refractive surgeons must conduct preoperative
exams properly to determine whether the patient will benefit,
because failure to do so can lead to lifelong complications.
Putting the pieces together
Jim M. Perdue Sr. and Jim M. Perdue Jr.
A compelling closing argument includes both logic and
inspiration to appeal to jurors’ minds and hearts.
It is your final opportunity to assemble a complete picture
of your client’s injuries and their consequences.
Find out how to convince jurors that their verdict will
make a difference in the plaintiff’s life.
When every second counts
Chris Messerly
People requiring urgent care rely on emergency medical
service workers to stabilize their condition until they
can be treated at a hospital. If an ambulance lacks standard
lifesaving equipment or arrives too late to administer
care, tragedy may result. With the right facts and favorable
case law, you can hold negligent EMS providers liable.
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Feature
Success in electronic discovery
Clyde H. Wilson Jr. and Douglas A. Cherry
A cache of discoverable information may be stored on
a corporate defendant’s computer network. The authors
discuss what to look for, where to find it, how to protect
it from destruction, and how to properly frame a discovery
request to include both paper and electronic documents.
Yours, mine—not ours
Ruth E. Bernstein
Attorneys who share office space—but not a law practice—with
other attorneys must protect their clients’ interests,
as well as their own. If you fail to run your practice
as a separate entity, you may find yourself fending off
malpractice claims.
Arbitration agreements in nursing
home admissions contracts
W. Todd Harvey
Many nursing home residents are not competent to contract
on their own behalf. Can a home enforce an arbitration
clause agreed to by a resident or an assignee? The developing
law varies greatly among jurisdictions.
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News & Trends
The second age of asbestos
Supreme Court asked to protect access
to state courts
High Court affirmative action debate:
a referendum on King’s dream
Arsenic-treated wood linked to increased
cancer risk, CPSC says
Sixth Circuit axes fee-sharing provisions
in mandatory arbitration contracts
California high court endorses broad
definition of ‘disability’
Repetitive motion can cause ‘injury,’
Georgia high court rules
Company doctor who shielded employee
medical records can be fired, NY court rules
Third Circuit upholds ADA claim
for mentally disabled man killed by police
Hip-fracture study quantifies risks
of premature hospital release
Departments
President's page
Spreading the word
Washington Focus
A good fight in the House over medical
malpractice 'reform'
Letters
Supreme Court review
Is any
sentence cruel and unusual punishment?
Reflections
A (mostly) true encounter with Dr.
Tort 'Reformer'
Good Counsel
Quotes
Books
Justice Denied: Clemency Appeals
in Death Penalty Cases
by Cathleen Burnett
The Spine at Trial
by Jose Kuri, Ed Stapleton, Frank Costilla, and Hettie
Rollins Odabashian
Classifieds
Classifieds
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