Bar Bulletin

Bar Bulletin

Talk to Your ‘Patient’ When Things Go Wrong

October 2019 Bar Bulletin

By Brian Doran

Law and science intersect when expert witnesses consult or testify. Medical malpractice is perhaps the most concentrated nexus because defendants themselves are experts, and the claims relate to mistakes made in the exercise of that expertise.

The sentiment is not ubiquitous, but legislative efforts suggest the broad feeling of the medical profession is hostility, and even indignation, toward medical malpractice cases. The allegation is that these cases drive up the cost of medical care, and medical insurance for physicians, and are driven by the financial interest of lawyers, notwithstanding that no case can proceed without a doctor’s indictment, and a bad case...

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