Proving and Obtaining Reasonable Damages in Medical Malpractice Cases
Published in: Forum Magazine Forum Magazine Vol. 41, Number 3 May/June 2011 Proving and Obtaining Reasonable Damages in Medical Malpractice Cases By Bruce G. Fagel, MD, JD Many attorneys rightly assume that the MICRA limitation on non-economic damages, coupled with the difficulty of proving liability in medical malpractice cases, make such cases not...
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Mediating Medical-Malpractice Cases
Published in: Plaintiff Magazine Mediating medical-malpractice cases Top ten practical tips for resolving medical-negligence cases at mediation By Bruce G. Fagel Successful mediation of a complex medical negligence case requires a thorough understanding about both the facts of the case and the mediation process. The following 10 suggestions will help improve the probability...
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Why Medical Malpractice Still Matters.
Published in: Advocate Magazine Despite MICRA limitations, medical-negligence claims still have a crucial role in society BY BRUCE G. FAGEL We all know the statistics on medic al-negligence cases: 80 percent of cases that go to trial result in the defense verdicts, and even if you win for the plaintiff, under MICRA, the...
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Medical-Malpractice Cases Should Focus on the Facts, Not the Experts
Published in: The Plaintiff Magazine Medical-malpractice cases should focus on the facts, not the experts Don’t let the defense make your experts the focus of the case. Make jurors first focus on the facts that are in dispute and then weigh experts’ opinions BY BRUCE G. FAGEL Under the law in California and...
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Will Tort Reform Reduce Health Care Costs?
Published in: Daily Journal Monday, February 7, 2011 Will Tort Reform Reduce Health Care Costs? In his recent State of the Union address, President Barack Obama seemed to renew interest in medical malpractice tort reform as a way to reduce the cost of medical care in the United States. Referring to the need...
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Brain Cooling in Neonates: The Medical-Legal Implication
Published in: Forum Magazine Cerebral palsy can be the outcome of either negligent or non-negligent obstetrical care. However, regardless of the cause, a child diagnosed with cerebral palsy faces a lifetime of required medical and attendant care. Such care places an emotional and financial burden on both the family and society. Where there...
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Lawyers Track Electronic Health Data
Published in: Daily Journal Friday, December 17, 2010 Lawyers Track Electronic Health Data By Emma Gallegos When an Oakland doctor prescribed a blood thinner to a patient in Highland Hospital's emergency room in October 2007, he did something that's increasingly common: he ordered it electronically. But the doctor hit the wrong button and...
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Withdrawal of Life Support and Medical Malpractice: The Unethical Dilemma
Published in: Daily Journal Tuesday, November 16, 2010 Withdrawal of Life Support and Medical Malpractice: The Unethical Dilemma One of the most perverse of the many unintended consequences of California's limit on non-economic damages in medical negligence cases is that it creates a financial incentive for doctors and hospitals to "bury their mistakes."...
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Are There Too Many Medical Malpractice Claims or Not Enough?
Published in: Daily Journal Tuesday, August 24, 2010 Are There Too Many Medical Malpractice Claims or Not Enough? By Bruce G. Fagel On Aug. 4, 2010, the American Medical Association (AMA) issued a survey of U.S. physicians along with a press release stating that their survey of 5,825 physicians showed "an average of...
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Improving Medical Care in California: Why Doctors Don’t Care
Published in: Daily Journal Tuesday, August 10, 2010 Improving Medical Care in California: Why Doctors Don't Care By Bruce G. Fagel The California Medical Association claims to represent 35,000 doctors in California and is one of the most powerful lobbying groups in Sacramento. It was the moving force behind the passage of MICRA...
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