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CACI NO. 430 (11-06)

A central issue in many medical malpractice cases is whether any alleged breach of the applicable standard of care caused the plaintiff’s injury. California courts have made clear that the appropriate test for causation is the “but-for” test, not the “substantial factor” test currently set forth in California Civil Jury Instruction (CACI) No. 430. In […]

EX PARTE CONTACTS WITH HEALTH CARE PROVIDERS AND HIPAA (11-06)

In Crenshaw v. Mony Life Insurance Company (S.D. Cal. 2004) 318 F. Supp.2d 1015, the United States District Court analyzed the propriety of ex parte contacts with health care providers under the Health Insurance Portability and Accountability Act (HIPAA)(42 U.S.C. section 1320d, et seq.). The court reviewed applicable case law pertaining to such contacts, as […]

RETHINKING THE LONE WOLF MENTALITY

Teamwork is a broad topic. A lot can be—and has been—written about it. Teamwork is not always at the forefront in the practice Of law which, as an industry, has a powerful emphasis on individual achievements and independent activity. However, a collaborative approach to legal work can provide very substantial benefits to clients, attorneys, and […]

REGULAR ASSOCIATE EVALUATIONS

A law film’s ability to provide legal services of the highest quality depends on its success in retaining skilled and committed attorneys. This in turn requires firm management to focus on its attorneys’ performance and professional development. While meaningful and frequent informal feedback suggests the firm is committed to developing its associates, regular performance evaluations […]

PROTECT YOUR FIRM

In today’s economic climate, legal secretaries, paralegals, law clerks, and other non-professional staff move from one law firm to another. Nonlawyers who apply to your firm for employment may have previously worked at a firm representing a party in litigation that is adverse to a current client of your firm. There has been extensive discussion […]

PARTNER DONNA LOW SECURED A DISMISSAL DURING TRIAL

Partner Donna Low defended a surgical oncologist in a medical malpractice case filed in Sacramento County Superior Court.  Plaintiffs claimed the Defendants misdiagnosed a 23-year old female with osteosarcoma , resulting in unnecessary administration of chemotherapy and a spontaneous abortion.  After 6 days of trial, the surgical oncologist was dismissed.