Health Care Safety and the Culture of Silence

  Published in: Daily Journal Thursday, September 27, 2012 Health care safety and the culture of silence Two articles from opposite ends of the political spectrum were published about health care in the same week. Newsweek's article in their Sept. 24 magazine was titled "Hospitals Can Kill You," and the Wall Street Journal article...
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Medical Malpractice Settlements: Who Benefits?

  Published in: Daily Journal Friday, June 8, 2012 Medical malpractice settlements: who benefits? Protecting the public health is a critically important function of government. Communicable diseases or new drugs that can impact large numbers of people are the focus of organizations with centralized authority and broad investigatory powers, like the CDC or FDA....
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Medical Malpractice in The 21st Century

  Published in: Forum Magazine 12 FORUM March/April 2012 Consumer Attorneys Of California Medical Negligence It has been more than 35 years since the California Legislature passed the Medical Injury Compensation Reform Act (MICRA) in response to a perceived “crisis” in the availability and cost of medical liability insurance. A keystone of this legislation...
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Medical Malpractice: Beyond the Discovery in Three Steps

  Published in: Plaintiff Magazine BY BRUCE G. FAGEL The traditional and time-honored method of discovery in all medical-malpractice cases involves three separate steps: First, obtaining the complete medical records on the plaintiff from all doctors and hospitals involved in the care; second, sending those records to a medical expert, who hopefully provides a...
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Medical Malpractice: Beyond the Discovery “Three Step”

  Published in: Advocate Magazine Advocate Magazine February 2012 Medical malpractice: Beyond the discovery "three step" Putting a case in context for the jury requires finding background information that supports your theory of liability and your expert witnesses. BY BRUCE G. FAGEL The traditional and time-honored method of discovery in all medical malpractice cases...
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Using Tort Reform As An Excuse: Why Health Care Cannot Be Reformed

  Published in: Daily Journal Monday, December 12, 2011 Using tort reform as an excuse: Why health care cannot be reformed The health care industry, upon which we are all dependent, promotes the need for torn reform as an excuse for not being able to improve patient safety. As a result, the victims of...
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The Verdict Is In: Lessons Learned From the Michael Jackson Trial

  Published in: Daily Journal Wednesday, November 9, 2011 The verdict is in: Lessons learned from the Michael Jackson trial A doctor administering a powerful anesthetic agent to a patient in a home setting without vital sign monitors or resuscitation equipment is such an extreme departure from any acceptable standard of care that even...
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Attorneys for Dr. Conrad Murray Ran With a Classic Medical Malpractice Defense

  Published in: LA Daily Journal Verdict is in: lessons learned from the Michael Jackson trial. BY BRUCE G. FAGEL A doctor administering a powerful anesthetic agent to a patient in a home setting without vital sign monitors or resuscitation equipment is such an extreme departure from any acceptable standard of care that even...
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Trial of Dr. Conrad Murray: What Does it Really Mean?

  Published in: Daily Journal Wednesday, October 5, 2011 Trial of Dr. Conrad Murray: What does it really mean? On a legal level, the criminal trial charging Dr. Conrad Murray with involuntary manslaughter in the death of Michael Jackson is much closer to a medical malpractice case than to a typical criminal case. From...
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Three Recurring Themes in Medical Malpractice and Catastrophic Brain Injury in Health Care

  Published in: Plaintiff Magazine Three recurring themes in medical malpractice and catastrophic brain injury In health care, everything is important and nothing is "not" important. There is no auto-pilot mode BY BRUCE G. FAGEL Catastrophic brain injury as a result of a severe hypoxic or ischemic event is the type of medical malpractice...
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