1997-2000 Articles
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A Fatal Standard of Care for Heart Attack Victims?
By Eugene M. Moen, J.D. and Roger J. Leslie, J.D., Ph.D.
Medical negligence and wrongful death cases involving a delay in diagnosis and treatment of cardiovascular disease often present a common fact pattern. This article outlines the standard of care in diagnosing cardiac disease and how it often fails to avoid poor outcomes. It also discusses the handling of legal claims from misdiagnosis of cardiac disease. Changes occurring after 1998 place much greater emphasis on using cardiac enzymes to rule out cardiac explanations for chest pain symptoms.
Published in Trial News, the monthly newspaper of the Washington State Trial Lawyers Association, January 1998.
Disclosures in Discovery: What's Required from the Plaintiff?
By Eugene M. Moen, J.D.
This presentation outlines the court rules, appellate court rulings, and ethical rules that govern responses a plaintiff's attorney must make to discovery requests, including interrogatories, by another party.
Prepared for a Washington State Trial Lawyers seminar on "Ethical Issues in the Personal Injury Practice," December 16, 1999.
Ethical Considerations in Representation of Multiple Parties
By Eugene M. Moen, J.D.
This paper outlines the ethical issues involved in representing multiple parties injured in the same incident or parties that may have a conflict in terms of allocating damages. Examples include representing: 1. the estate's representative as well as those who would be beneficiaries, 2. both husband and wife when one is injured and the spouse has a separate claim, and 3. parents and children in a claim of injury to the child.
Paper prepared for Washington State Trial Lawyers seminar on "Ethical Issues in Plaintiff's Personal Injury Practice," December 4, 1997.
Four Discovery Issues in Medical Negligence Cases
By Paul W. Chemnick, J.D.
The four specific issues relating to discovery or admissibility of evidence in medical negligence cases are: 1. Communications with potential defendant health care providers within their group or employer's practice; 2. Securing and presenting evidence on prior misdeeds by health care providers in hospital negligence claims; 3. Inadequate disclosure relating to expert witnesses; and 4. Use of contention interrogatories. Each is discussed.
Paper presented at a seminar of the Washington State Trial Lawyers Association, December 2000.
Hospital Agency for Non-Employee Negligence
By Eugene M. Moen, J.D.
With the advent of managed care and a constantly changing ownership structure for many health care providers, it is difficult to know who should be included as a defendant in a medical negligence case. This article outlines the legal basis for asserting liability of a hospital for negligence of those working in the hospital, such as emergency room physicians, radiologists, and laboratory personnel regardless of the "employee" or "contractor" label applied.
Article published in Trial News, December 2000.
New Trends in Medical Negligence
By Paul W. Chemnick, J.D.
Trends in medical negligence law and litigation, including economic and social changes that impact the number of claims, changes in public perceptions, expanding concepts of liability, difficulties in determining responsibility for particular care decisions, systems errors, and telemedicine are outlined.
Paper presented at the Washington State Trial Lawyers Convention, July 2000.
Some Thoughts on Mediation
By Eugene M. Moen, J.D.
The costs of litigation and taking a case to trial are so great there is a new emphasis on alternative dispute resolution in personal injury cases. Although arbitrations are sometimes substituted for a jury trial, mediation is the preferred and more common means of resolving a claim without the need for a trial.
Article published in Trial News, July 1997.
Submitting Claims to Hospital Districts
By Eugene M. Moen, J.D.
Strict claim-filing requirements must be followed before suing a government entity, including a hospital district. If all of the statutory requirements are not followed, the case may be dismissed. A case is outlined in which it was almost impossible to determine who to serve with a claim and how to do it. As a result of this case and article, the Washington legislature passed a new law requiring all hospital districts to name a registered agent for the purpose of serving claims.
Article published in Trial News, February 2000.
The Erosion of the ERISA Defense
By Paul W. Chemnick, J.D.
This paper outlines legal defenses based on the federal Employee Retirement Income Security Act, how the act applies to medical negligence claims, and how court rulings have gradually eroded those defenses.
Paper presented at a seminar of the Washington State Trial Lawyers Association, June 1997.
Which Defendants Do You Name in a Medical Negligence Case?
By Eugene M. Moen, J.D.
In determining which defendants to name in a medical negligence case, the least number of defendants that still allow the claimant to present a strong case is preferred.
Article published in Trial News, January 1997.
© Chemnick Moen Greenstreet
