Blog Posts in August, 2011
Posted on Aug 31, 2011 By Dr. Bruce Fagel
Cerebral palsy is a serious birth injury that results from injury to the brain during childbirth or delivery, due to trauma, or a lack of oxygen or blood flow to the brain. Cerebral palsy refers to a ...
Continue reading "Cerebral Palsy" »
Posted on Aug 29, 2011 By Dr. Bruce Fagel
Birth injuries can devastate a family and have a permanent impact on the lives of everyone involved. The most serious birth injuries are those that result in permanent brain injuries, which often ...
Continue reading "Birth Injuries Resulting from Medical Malpractice" »
Posted on Aug 26, 2011 By Dr. Bruce Fagel
When it comes to medical malpractice, any victim whom has been injured by medical negligence has the legal right to file a medical malpractice claim to seek monetary damages. The laws in each state ...
Continue reading "What are Statute of Limitations" »
Posted on Aug 24, 2011 By Dr. Bruce Fagel
How Much will it Cost to Pursue a Medical Malpractice Case? One of the first questions clients often ask us at the Law Offices of Bruce G. Fagel & Associates is, “how much will it cost to ...
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Posted on Aug 22, 2011 By Dr. Bruce Fagel
Are Hospitals Safe? Medical Errors Happen Frequently When most people think about going to a hospital for an operation, they are probably more afraid of the needle a doctor will insert into them, or ...
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Posted on Aug 19, 2011 By Dr. Bruce Fagel
Do you have a case for medical malpractice? To begin with, there are three issues that must be covered for a medical malpractice case to be proven: 1) That negligence was caused by at least one health ...
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Posted on Aug 17, 2011 By Dr. Bruce Fagel
Explain the mediation process to your client and keep them involved throughout the process. Few plaintiffs have any idea how mediation works. They often think that they will have to talk to the ...
Continue reading "Mediating medical-malpractice cases (Part 6 of 6)" »
Posted on Aug 15, 2011 By Dr. Bruce Fagel
Use the mediator to assist, but do not expect him/her to argue your case to the defense. There is a difference between providing a mediator with the facts and/or counter-arguments for the defense ...
Continue reading "Mediating medical-malpractice cases (Part 5 of 6)" »
Posted on Aug 12, 2011 By Dr. Bruce Fagel
Make a reasonable demand, either as a CCP Section 998 demand or a demand based on the reasonable value of the case. While the definition of reasonable is highly case specific, the demand should take ...
Continue reading "Mediating medical-malpractice cases (Part 4 of 6)" »
Posted on Aug 10, 2011 By Dr. Bruce Fagel
Decide on your mediation strategy before the mediation and share this strategy with the mediator at the start of the mediation. In cases involving multiple defendants, the dynamics between the various ...
Continue reading "Mediating medical-malpractice cases (Part 3 of 6)" »
Posted on Aug 8, 2011 By Dr. Bruce Fagel
If there are economic damages in the case, provide documentation prior to the mediation. In any case with significant future loss of earnings and/or future medical care expenses, the defendants' ...
Continue reading "Mediating medical-malpractice cases (Part 2 of 6)" »
Posted on Aug 5, 2011 By Dr. Bruce 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 ...
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Posted on Aug 3, 2011 By Dr. Bruce Fagel
Unfortunately, the jury instructions play into the defense use of experts to defend their case. CACI 505 - Success not required, and CACI 506 - Alternative Methods of Care allow the defense to argue ...
Continue reading "Medical malpractice cases should focus on the facts, not the experts (Part 5)" »
Posted on Aug 1, 2011 By Dr. Bruce Fagel
Trial is perhaps the most difficult time for a plaintiffs' attorney in dealing with experts in medical-malpractice cases. Starting with jury selection, the defense will emphasize that medicine is ...
Continue reading "Medical malpractice cases should focus on the facts, not the experts (Part 4)" »