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Medical negligence

May 2004 | Volume 40, Issue 5

The second coming of managed care
Linda Peeno

Managed health care has been pronounced dead more than once, as health insurers insist they’ve adopted kinder, gentler ways to control costs. But the monster is merely sleeping, and potential profits continue to drive health care companies toward a newer model of rationed care.

Liability for postsurgical infection
Jim Leventhal and Anthony Viorst

An operation is scary enough, but if the doctor neglects to treat infections post-surgery, a simple procedure can become a medical horror story. The authors show how to hold doctors and hospitals responsible for a letdown in followup.

The truth about med-mal premiums
Interview with Jay Angoff

In this Q&A, a former Missouri insurance commissioner explains how forces other than litigation, including insurers’ own business practices, have driven up doctors’ medical malpractice premiums.

Keep ‘junk science’ out of cerebral palsy cases
Dov Apfel

Obstetricians and the defense community have established “essential criteria” for determining whether a doctor’s negligence caused cerebral palsy in a newborn, and that alliance is pressuring courts to accept them. But the “science” behind the criteria is deeply flawed and self-serving.

How to mine the medical records
James P. Frickleton

There’s more to a patient’s medical history than hospital charts. Read nurses’ notes, therapists’ reports, discharge summaries, and other documents to uncover key details that will bolster your case.

Preparing for the defense medical expert’s deposition
Betsey Herd and Janabeth Evans

When you’re checking the background of the defense team’s expert, take full advantage of the myriad, easily accessed resources, from medical databases to Web sites, to get an edge in the research race.

Feature

Better your chances at the bench
Robert E. Cartwright Jr.

Plaintiffs sometimes fare better before judges than before juries. Know when to ask for a bench trial and how to prepare for it.

Make the most of your jury questionnaire
Lisa Blue and Robert Hirschhorn

Carefully crafted and read jury questionnaires can yield surprisingly useful information.

News & Trends

PROTECT Act amendment ‘intimidates’ judges, critics say

Airline is liable for flight attendant’s misconduct

Thimerosal plaintiffs push on despite setbacks

Company gave up attorney-client privilege, Ninth Circuit rules

Second Circuit makes ‘workfare’ more fair

Breast-implant plaintiffs can recover even when told of risks

No religious exemption for Catholic Charities, says California court

Court may compel deceased woman’s lawyer to testify

Hospital fails to justify refusal to hire male obstetrical nurses

Plagued by bedbugs, hotel guests bite back

Public employee’s personnel record is also public, court holds

Ruling regarding opt-out plaintiffs’ discovery rights is precedential

Departments

President’s page
The preemption danger

Letter

Supreme Court review
Government aid to religion

Good Counsel

Hearsay

Books

Success Without Victory
by Jules Lobel

Into the Minds of Madmen
by Don DeNevi and John H. Campbell

Pain Killer
by Barry Meier

Classifieds

Classifieds

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Balancing the Scales of Justice
American Association for Justice
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