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 […]
PARTNER DONNA W. LOW OBTAINS DEFENSE VERDICT IN 20-DAY MEDICAL NEGLIGENCE TRIAL
Ms. Low obtained a defense verdict in a 20-day medical negligence/wrongful death trial in Sacramento County involving the death of a 64-year-old woman following a neck lift under general anesthesia.
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 […]
PARTNER BRUCE E. SALENKO RECEIVES A DEFENSE VERDICT
Partner Bruce E. Salenko defended two nephrologists in an elder abuse/medical malpractice negligence/wrongful death of a 82-year old female filed in Sacramento County Superior Court.
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 W. LOW EARNS BOARD CERTIFICATION IN PROFESSIONAL LIABILITY
Ms. Low obtained board certification in professional liability from the American Board of Professional Liability Attorneys.
PARTNER DONNA W. LOW SECURES PLAINTIFF DISMISSAL ON SEVENTH DAY OF MEDICAL MALPRACTICE TRIAL
Ms. Low tried a medical malpractice case in Sacramento County involving an alleged misdiagnosis of Myositis Ossificans in a 23-year-old female at 12 weeks gestation, resulting in the unnecessary administration of chemotherapy and a spontaneous abortion. The case was dismissed by plaintiffs on the seventh day of trial.
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.