2001-2007 Articles
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When One or the Other Means Both
By Paul W. Chemnick, J.D.
In some cases, even when it is clear that a health care provider was at fault, it can be challenging to prove which provider it was and how much worse the error made the patient. In this case, it was necessary to convince two different providers to contribute toward a settlement based on the risk that each might be the one found to be responsible and that the negligent act resulted in the patient's death 6-1/2 months later.
Article published in Trial News, July 2007.
A New Standard of Care for Cardiac Cases
By Roger J. Leslie, Ph.D., J.D. and Eugene M. Moen, J.D.
Cardiac enzyme testing is currently relied on to help rule out a cardiac explanation for symptoms that may represent acute cardiac syndrome. This article is a sequel to "A Fatal Standard of Care for Heart Attack Victims?" published in January 1998.
Article published in Trial News, February 2002.
Finding and Empowering Expert Witnesses
By Patricia K. Greenstreet, R.N., J.D.
This paper outlines practical suggestions for dealing with expert witnesses in medical negligence cases and most personal injury cases. Suggestions are offered for ways of locating and retaining credible experts, what to send them, preparing them for their depositions, and developing trial testimony.
Paper presented at a seminar sponsored by the Idaho State Trial Lawyers Association, Boise, March 1, 2002.
Handling Deep Vein Thrombosis and Pulmonary Emboli Cases
By Eugene M. Moen, J.D.
Deep vein thrombosis (DVT or clots) is a common problem occurring after certain kinds of surgeries. This article analyzes claims based on deep vein thrombosis and pulmonary emboli (resulting from the clots), including the type of claim that may arise, how to determine negligence, what kinds of experts are needed, and damages that may occur in such cases.
Published in Trial News, May 2001.
How to Handle Causation in Birth Asphyxia Cases
By Paul W. Chemnick, J.D. and Patricia K. Greenstreet, R.N., J.D.
This article discusses the complex medical and legal issues involved in determining whether there is a causative relationship between the events before and during a birth and the outcome of a severely injured baby.
Article published in Trial News, May 2002.
Preexisting Conditions: How to Deal with Them at Trial
By Eugene M. Moen, J.D.
Tips and suggestions are offered on how to deal at trial with a claimant who has a preexisting condition that might be emphasized By the defendant as a cause of the claimant's problems.
Paper presented at a Washington State Trial Lawyers seminar, October 10, 2002.
Pulmonary Embolism: Inadequate Prophylaxis Leads to Claims
By Eugene M. Moen, J.D.
Medical standards are involved in determining when a surgical patient needs medications to prevent the development of deep vein thrombosis (clots in the legs) and in monitoring the medications after surgery. The article outlines the legal issues involved in a claim arising from negligent treatment that leads to deep vein thrombosis.
Article published in Trial News, September 2003.
Using Lay Witnesses to Maximize Damages
By Eugene M. Moen, J.D.
This paper discusses the use of lay witnesses (friends, neighbors, and family) at trial to allow a jury to better understand the impact of an injury on a claimant.
Presentation at Washington State Trial Lawyers Seminar, March 1, 2002.
© Chemnick Moen Greenstreet
