Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of
There is a lot of controversy concerning the treatment of minors following an auto collision injury. Insurance companies hold a strong position that minors don’t need medical care simply because they can’t communicate the injuries properly. Common symptoms such as headaches, neck pain and low back pain, are often overlooked after an auto accident, simply because the child does not
A military aviation claim is a tort claim – usually negligence – that arises out of an aviation mishap resulting in injury or death to military members or veterans. Defendants are commonly the government, aircraft manufacturers, component manufacturers, maintenance companies, and pilots or the companies who employ them. Claimants are commonly close family members or estates of deceased persons. Only
We cannot ignore the truth. Spoiler alert: preventable medical errors are the third leading cause of death in the United States. The leading cause of death in the United States is heart disease. It claims in excess of 611,000 lives each year and accounts for 25 percent of all deaths each year. There are billions of dollars devoted to research
When a victim has suffered injuries from a dog bite, what remedies does he or she have? You might think that this should have an easy answer, but it does not. Attorneys generally know that there is liability when a dog bites someone for the second time. The real difficulty is in determining what counts as the first bite. The
Medical standards of care are influenced by direct and indirect factors. This article addresses some changes initiated by both The Patient Protection and Affordable Care Act of 2010 (Obamacare) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The standard of care requires health care providers to act with the knowledge and skill expected of others in the
The first time I handled a pill mill case I was 20 pounds thinner, had big permed hair and wore polyester. Back in the day, people didn’t understand much about pill mills, so this type of litigation was a true novelty. However, at long last, the prescription drug epidemic is taking its rightful place in the news and now almost
Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the
This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in
Imagine you are the representative of an insurance company handling a bodily injury claim. The injured plaintiff has $25,000 in medical expenses. Your insured’s policy has a limit of $30,000. The plaintiff makes a settlement demand for the policy limits. Because you know that $30,000 represents the extent of your company’s liability, you decide that you have nothing to lose
Rule 702 provides for the admission of expert opinion testimony if the expert is qualified based upon experience education and training, to give the opinion and the opinion will help the jury resolve an issue in the case. ARS § 12-2604 adds requirements for expert witnesses offering testimony in claims against health care providers. The statute applies to standard of
There is a lot of controversy concerning the treatment of minors following an auto collision injury. Insurance companies hold a strong position that minors don’t need medical care simply because they can’t communicate the injuries properly. Common symptoms such as headaches, neck pain and low back pain, are often overlooked after an auto accident, simply because the child does not
A military aviation claim is a tort claim – usually negligence – that arises out of an aviation mishap resulting in injury or death to military members or veterans. Defendants are commonly the government, aircraft manufacturers, component manufacturers, maintenance companies, and pilots or the companies who employ them. Claimants are commonly close family members or estates of deceased persons. Only
We cannot ignore the truth. Spoiler alert: preventable medical errors are the third leading cause of death in the United States. The leading cause of death in the United States is heart disease. It claims in excess of 611,000 lives each year and accounts for 25 percent of all deaths each year. There are billions of dollars devoted to research
When a victim has suffered injuries from a dog bite, what remedies does he or she have? You might think that this should have an easy answer, but it does not. Attorneys generally know that there is liability when a dog bites someone for the second time. The real difficulty is in determining what counts as the first bite. The
Medical standards of care are influenced by direct and indirect factors. This article addresses some changes initiated by both The Patient Protection and Affordable Care Act of 2010 (Obamacare) and the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The standard of care requires health care providers to act with the knowledge and skill expected of others in the
The first time I handled a pill mill case I was 20 pounds thinner, had big permed hair and wore polyester. Back in the day, people didn’t understand much about pill mills, so this type of litigation was a true novelty. However, at long last, the prescription drug epidemic is taking its rightful place in the news and now almost
Since the inception of product liability litigation, particularly asbestos and other mass tort litigation, defendants have been subjected to forum shopping. Forum shopping is the practice of filing lawsuits within plaintiff – favorable jurisdictions in the hope of securing increased jury verdicts. Often, these lawsuits are filed in jurisdictions where there is minimal or almost no meaningful connection between the
This article describes some common misperceptions about medical malpractice cases, the lawyers that file them and the expert witnesses who participate in them. It is written from my perspective as an attorney for both the patients and health care providers. Representing patients in medical malpractice cases has never been the path to easy riches it is portrayed to be in
Imagine you are the representative of an insurance company handling a bodily injury claim. The injured plaintiff has $25,000 in medical expenses. Your insured’s policy has a limit of $30,000. The plaintiff makes a settlement demand for the policy limits. Because you know that $30,000 represents the extent of your company’s liability, you decide that you have nothing to lose
