maybe the hospital can be liable for not verifying that independent contracts have a malpractice policy before working there? there has to be some sort of answer here other than just saying your client is out of luck.
Requested all the coverage in discovery and about to subpoena the hospital to see what they knew about his coverage. They haven't produced anything yet. I'm guessing he had coverage when he first got privileges then it lapsed before the subject procedure.
I subpoena'ed some police reports to use in a custody trial. Do you have to get the custodian of the records affidavit for them to be admissible as produced in the ordinary course of business or is it good enough that they were produced in response to a subpoena? I think ideally you'd have an affidavit from the custodian.
I normally request a custodian affidavit in my subpoenas. But, the problem you may run into is that the affidavit only gets you past authenticity. The police reports are likely still going to be hearsay, because they’ve normally got a cop’s conclusions based off the hearsay statements of the people he interviewed. Still, those statements might fall into hearsay exceptions, depending on your purpose in using them. It might be a good idea to call the author of each report, so that he can testify to what he observed (and/or why he was called out there, what he saw, what he did, etc.) even if the judge won’t let the reports themselves in. At the very least, he’ll be able to use the reports to “refresh his recollection.”
deposed one of my treating docs yesterday evening. it went so bad that i called my client after the depo to accept their offer last night before they could pull it this morning.
nothing like reading an affidavit for warrantless arrest and seeing that the police officer's name is Lawcock
defense counsel hired two experts. their chiropractor says my client shouldve only been seen for 12 visits. their ortho says that before an ESI is performed they should've done more conservative treatment. so which is it? should be fun.
Careful who you provide legal counsel to. https://www.wweek.com/news/courts/2...wyer-who-represents-the-union-for-ice-agents/
Anyone here have any experience with or friends who work with Hall Booth Smith? I know they have offices throughout the South and just trying to get some info.
I know some of their folks in the Charleston office, but don’t have any professional experience with them.
Thanks. 2 for 2 and hopefully never taking another one again. Funny how stressed you get looking up your score, even if you went into it really confident
Yeah I’m barred in 2 states as well, although I went 9 years between bar exams. Waiting for the letter in 2018 was one of the most excruciating and miserable experiences of my life.
do you practice in both states or are you just keeping up with a 2nd state? I've moved to Colorado. Tennessee charges 600 bucks a year to hold a professional license, on top of bar association fees. They are now a UBE member. Not sure what to do with it. Don't plan on moving back in the immediate future.
Have a collision between two tractor trailers with really bad property damage going to mediation on the 21st. Mostly soft tissue cervical injury with a fairly restrictive FCE. He is back at work but not making the $ he did before. He treated with an ortho and eventually was released. Pain management doc gave him diagnostic blocks then neurotomy/rhizotomy/nerve ablations and signed a report stating that he'll need those and pharmaceuticals for a long time. His future medicals are $417k-950k according the life care planner. Future lost wages -waiting on report. Past meds are like $75k. Venue is moderate-not super conservative and also not super plaintiff friendly. I got brutalized in a MVA trial there last year. Young black plaintiff with wife and kids. I'm wondering how likely it would be that the jury completely discounts his life care plan and gives him nothing for it because there isn't much on his MRI/soft tissue injury. I'd think for settlement purposes they'll at least have to consider the possibility that the jury likes us and gives us a substantial chunk of the life care plan. Insurance defense folks especially but anyone else: I welcome your thoughts.
Is there any date scheduled for additional procedures? I’ve found that insurance companies didn’t put much stock in future meds if there wasn’t a recommendation for surgery and damn near a date certain, or at least a very clear timeline. A signed statement of nerve ablations prn wouldn’t go far in settlement consideration, in my opinion.
my thoughts are i would get the wife and kid on the stand to talk about their husband/father and how it's affected him i dont think an insurance company is going to pay you anywhere near that amount on a life care plan with $75k meds
From my experience, life care plans are pretty worthless unless you're dealing with paralysis or a TBI.
Does a loss of household services claim belong to the plaintiff or their family? It's usually having to pay others to cut the grass and do things around the house. But I don't think I've ever brought one of these claims on behalf of the spouse, I always bring it on behalf of the main plaintiff. Am I doing it wrong?
That's weird that yall are saying that about life care plans. I've had defense lawyers tell me that they fear the plaintiff being about to get up in closing with and list a bunch of different damages on the board including future medicals. Hope I'm not wasting my money.
Writ of cert denied by the Mississippi Supreme Court in a high asset divorce trial where the litigation began 4 years ago. What a long road that is. Now I need to get post judgment interest.
It would fall under loss of consortium here, which would belong to the family member(s). EDIT: I misread. When you're talking about having to pay somebody to do the services, that claim would belong to the injured party.
A life care plan paired with a "day in the life" video in a catastrophic injury case can tell the jury how many zeroes they need to put at the end of a verdict. A life care plan that itemizes shit like yearly replacements for ice packs to deal with a slipped disc is going to make them think you're overdoing it.
West coast people are the fucking worst. My schedule is pretty messy these days and I generally don't have more than 30 minutes here and there between 8am and 6:30pm. I just got my third request for a meeting after 8pm (one was 8-9, one was 10-10:30, and this most recent one was 8-8:30) tonight from the same group of colleagues. I declined and suggested 8-8:30am my time (5-5:30 their time), which I currently have open tomorrow morning. I then put a recurring block on my calendar from 7:30pm till 8am to stop this fucking madness. I really hope they find someone else.
For real though, I do feel your pain. At a prior job, for months on end I'd have separate recurring calls with people in Shanghai, Singapore, Cape Town, and London (not to mention across the U.S.). It sucked waking up in the middle of the night for a phone call or getting up early to take a phone call or stepping out of dinner for a phone call. The last project I worked at that job, I would fly to the west coast on Thursday night and land around midnight (and have a few Woodfords on the flight), and then have to host a call at 8am EST the next morning. I'd do it from bed, but it still sucked.
Feasibility aside, clients should be barred from writing any emails or memos. Nothing good is ever found in a stack of them. #latenightdocreview
Keith mitnik just got absolutely smoked on a trial up here where they tried to gin up a million dollar life care plan for a 75 year old woman involved in a low speed rear ender. Rejected 65 presuit, tried to offer 250-700 Hi-Lo, asked for 1.3 million, ended up getting 35 from the jury.
I had a case where I was trying to convince the other side (Party A) that my client (Party B) was not in cahoots with Party C, who ripped Party A off. Came across an email from my client to Party C that read: Look Party C, I know you’re trying to fuck Party A so I’m just trying to get my money out.