The only mediator in Southern California with 20 years of
Effective use of such discovery In addition to providing a larger
context for the negligence of any specific case, evidence about the violation of a specific relevant hospital policy can be used to corroborate the testimony of any expert on standard of care. It can also make it difficult for a defense expert to claim that the standard of care was met, even though a specific written hospital policy was violated. Jurors can more easi- ly understand and focus on a specific written hospital policy and compare the wording to the actions or inactions of the nurses in the case, rather than the over- inclusive opinions by the hospital’s experts that the standard of care was met. Faced with an obvious violation of a hospital policy, a defense expert is left trying to explain why the violation of a written hospital policy is not negligence. The overall purpose of all hospital
policies, and any specific relevant policy, is the protection and safety of a patient. Any time the plaintiff ’s case can expose an issue of public safety beyond the injury to the specific plaintiff, the jury will more likely respond favorably to the plaintiff ’s theory of liability.
Bruce G. Fagel, M.D., graduated from
the Univ. of Ill. (1972), and was licensed to practice medicine: Illinois, 1973; California 1975. He received his JD at Whittier College (1982). Dr. Fagel is a regularly invited speak- er before organizations of attorneys, physi- cians, and hospitals internationally, and has been interviewed by CBS, ABC, NBC and various media affiliates. Featured in “The Best Lawyers in America, 2007.” He has been an eight-time nominee by Consumer Attorneys Association for Trial Lawyer of the Year and recently featured in the National Law Journal as “The 10 Best Trial Attorneys in the Nation.” Dr. Fagel has authored various articles on medical-malpractice issues and served as a consultant on medical-malpractice law to the California Judicial Counsel Committee, which wrote the new CACI jury instructions (California Approved Civil Instructions).
clinical medical experience and 20 years of
litigation experience.
University of Chicago: MD 1976 Harvard Law School: JD 1990
He Understands the Issues and the Injuries
Now Available thru Judicate West
800.488.8805
www.judicatewest.com
Lawrence J. Rudd, M.D., J.D.
FEBRUARY 2012 The Advocate Magazine — 81
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