1996 and Earlier Articles

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Discovery Goes to Trial: Use at Trial of Depositions, Admissions, and Interrogatories
By Eugene M. Moen, J.D.
This paper discusses the various ways "discovery" materials, such as interrogatory answers or depositions transcripts, may be used as either as direct evidence or rebuttal evidence during trials.
Versions of this material were presented at Washington State Trial Lawyers seminars on August 28, 1992 and May 18, 1995.

Expert Witnesses
By Eugene M. Moen, J.D.
Medical negligence cases are often "battles of the experts." With few exceptions, you cannot present a medical negligence claim without using experts. This paper discusses both the legal and practical issues involved in obtaining expert support in a complex case, including a medical negligence claim.
Paper presented at a seminar on "Discovery Planning and Strategies," sponsored by the Washington State Bar Association, January 1994.

Mediation in Medical Negligence Cases
By Eugene M. Moen, J.D.
Mediation -- a voluntary settlement meeting with an independent mediator - is an alternative in medical negligence cases.
Paper presented at a seminar on "Law and the Changing Health Care Environment," sponsored By Washington Law School Foundation, June 1995.

Res Ipsa Loquitur in Medical Negligence Cases
By Patricia K. Greenstreet, R.N., J.D.
Under the doctrine of "res ipsa loquitur," a legal term meaning "the thing speaks for itself," a jury can find medical negligence if the circumstances of an injury are such that it would ordinarily happen only if the defendant were negligent. Expert witnesses might still be needed, especially if there is more than one defendant in the lawsuit.
Article published in Trial News, the monthly newspaper of the Washington State Trial Lawyers Association, January 1995.

R.S.D. and Sympathetically Maintained Pain
By Eugene M. Moen, J.D.
Reflex sympathy dystrophy, a painful and often disabling condition arising from disruption of the sympathetic nervous system, is often difficult to diagnose and treat. The term currently used is "complex regional pain syndrome."
Published in Trial News, October 1995.

The Perils of Managed Care
By Patricia K. Greenstreet, R.N., J.D.
Managed care is at the center of a revolution in health care in this country, with far-reaching effects for patients, health care providers, and attorneys. This article outlines the basic principles of managed care and the problems and conflicts it presents to patients with medical negligence claims.
Article in Washington State Bar News, the monthly publication of the Washington State Bar Association, 1996.

Use of Expert Witnesses in the Trial of Injury/Death Claims
By Eugene M. Moen, J.D.
Strategies for finding, disclosing, and using expert witnesses in the discovery phase of complex litigation are outlined. There may be some changes in the law since this article was published in 1994.
Paper presented at a seminar on "Discovery Planning and Strategies," sponsored by the Washington State Bar Association, January 1994.

© Chemnick Moen Greenstreet