Discovery Disputes

Discovery disputes that linger without resolution can materially affect the outcome of the case. In a Fort Lauderdale wrongful death case against Tesla, a Judge recently struck a human factors expert witness from the plaintiff’s witness list because the opinions were not timely disclosed, The lawyer for the parents off the decedent claimed the late […]

Do Qualified Protective Orders Maintain the Privacy of PHI Related to the Claim?

I advise my clients that the pursuit of a medical malpractice claim involves waiving the privacy and confidentiality of the medical issues related to the claim. I think that is customary advice in the legal community. Trying to parse out what may remain confidential, whether you have a “qualified protective order” or not, is an […]

The Line Between Relevance and Privacy for Plaintiffs Can Be Thin (but still exists in some places)

An Illinois court ruled that a defendant doctor’s legal team could not have access to the plaintiff’s mental health records because they were not relevant to the claims. “From the limited record, Dr. Rao practices at a clinic that specialized in lung issues. Plaintiff was there presumably seeking treatment for lung issues. Nowhere in the […]

‘Kindness’ Isn’t a Priority in Trial Lawyering and It Should Be

When I was coming up as a trial lawyer, I stayed hyper-focused on maintaining a variety of skills during discovery to get at the truth. My Dad used to say, “You need more than one arrow in your quiver.” More often than not, whether in depositions or hearings, combat was the rule of the day. […]

To My Referral Partners: Thank You and a Link to Our Automobile Negligence Page

I have personally investigated everything from car explosions and fires to rollover accidents caused by tire blowout. I have been on the scene for traumatic motorcycle and pedestrian death investigations. I have been present for automobile reconstructions that last for days in the sweltering heat of salvage yards. Here is a link to my firm […]

Final Thoughts On Discovery

Once your lawyer receives and organizes discovery, the contents are evaluated closely – in and out of context. The stuff must be turned over, looking at it from every angle. In the movie, My Cousin Vinnie, Joe Pesci’s character teaches this lesson using a playing card. He shows the card to his young client with […]

Please Provide A List Of All Malpractice Cases Filed Against You

Discovery in a civil case is not limited to trial evidence. In fact, the rules in most jurisdiction allow discovery of anything that is reasonably calculated to lead to the discovery of admissible evidence. In most medical malpractice cases, this means a list of all prior professional negligence claims (no matter the outcome). These prior […]

The Importance Of Fully Litigating Discovery Responses

San Diego County is appealing an $85 million verdict obtained after it with-held discovery from the plaintiff and was sanctioned for it by the judge. Just before trial, lawyers for the family said that the county had acted improperly by not turning over key evidence, including a training video on how to apply restraints that […]