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A lawyer who is also an expert witness should be mindful that although he or she may not always be wearing his or her "lawyer hat," it is never far away. Although the California Rules of Professional Conduct do not place specific restrictions on practitioners who act as both lawyers and expert witnesses, the rules governing lawyers' conduct generally place constraints on lawyers' activities in other businesses and professions. See California State Bar Ethics Opinion No. 1995-14. Of particular importance are the rules relating to advertising, lawyer-client confidences, competence, fee arbitration, and conflicts of interest.
Insurance defense attorneys inhabit a confusing world in which even the "routine case" may need an expert witness for trial or a consultant to help with an early evaluation for settlement purposes. The legal precedents, regulations, and such don't often say what the profession's standard of care in the community is in the exact situation.
Forensic psychological evaluations have become a valuable resource for the criminal justice system by addressing important forensic questions. For instance, assessing risk for violence can help courts make appropriate decisions on issues such as sentencing, granting privileges, and community reintegration. If an individual is assessed to be a high risk for future violence, a judge has grounds to order a more restrictive setting compared to someone who is a lower risk for recidivism. By tailoring court decisions based on accurate psychological evaluations, the community is safer while the defendant's rights are also protected.
Professional liability claim management is a unique area of insurance claim responsibilities. Indeed, there are as many ways to supervise, manage, and investigate professional liability claims as there are different lines of professional liability coverage. This article will address the key issues that are involved in the investigation and resolution of nonmedical and non-D&O claims under professional liability policies.
Based on the first seventeen years of data from the National Practitioner Data Bank, nationwide Physician Assistant malpractice demonstrates lower malpractice incidence and average payment amounts over a 17 Year Period Compared to MDs and Advance Practice Nurses
I had a call last week on Friday, from the search firm, seeking to potentially fill a recent query for an Expert Witness. Reporting that I’m available for a phone interview was the next step. With that in mind, I could expect a call from a law firm partner, who would be asking
A recent Medicare policy change has brought into critical focus the fact that hospitals and medical staffs have failed to be effective in reducing medical errors. The Centers for Medicare and Medicaid Services (CMS) announced that it would no longer pay hospitals for the extra costs of treating injuries, infections, or other complications caused by preventable errors
In the past 12 years, I have been requested to review 242 medical legal cases to evaluate them for dental negligence. Of the cases reviewed, the majority of them had unfortunate results to which the patients attributed to malpractice. The purpose of this article is not to assess the merit of these litigations, but to educate the dental practitioner as to the types of treatment which may result in a greater incidence of legal claims, so that they will be better prepared to avoid them
An upset client sits in your office and describes the circumstances of medical care which have resulted in severe injury to a loved family member. The client wants to know whether the family should pursue the matter. Whether you should undertake this representation is a complex analysis, but if you read further, I'll tell you how I analyze cases
Challenging legal and ethical questions swirl around factitious disorder, Munchausen syndrome, and/or malingering, muddying the already darkened waters through which health care professionals must tread. As cases in this book have illustrated, bold moves that in some instances were ethically and legally questionable have been taken by medical personnel