Knowledge Library

Assistance with the Stress of Litigation

[caption id="attachment_1586" align="alignleft" width="835"] Source: ACCMA Bulletin "Coping with Litigation Stress"[/caption] When faced with the harsh reality of a malpractice lawsuit, many physicians experience anxiety, anger, fear, depression, and other typical reactions which are collectively referred to as “litigation stress syndrome.”  A medical malpractice lawsuit may take several years to resolve, and during that time these symptoms take their toll on the physician and their family.  Fortunately, MIEC and its partners offer several services to help physicians successfully cope with the trauma of being sued.   Litigation Stress Committee of the Alameda-Contra Costa Medical Association The Litigation Stress Committee of the Alameda-Contra...

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New Alaska Supreme Court Ruling Regarding Ex Parte

New ruling in Alaska restricts disclosure of patient information related to litigation. For decades, Alaska has allowed informal methods of “discovery” (sharing of information) during litigation, including private discussions between defense attorneys and the plaintiff’s treating physicians.  These “ex parte” communications were encouraged by the Alaska Supreme Court, as they facilitated early evaluation and settlement of cases, with a resulting decrease in litigation costs. However, a new ruling by the Court on June 22, 2018, determined that a cultural shift in views on medical privacy warranted overruling this practice. In Harrold-Jones vs. Drury, et al., the Court held that “absent...

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Claims FAQ: Depositions

Originally Published February 2012 in The Exchange - Issue 1 "An attorney subpoenaed my deposition testimony in a medical malpractice case. I’m not a named defendant and don’t believe it’s a big deal. Do I need representation? What’s my liability risk?" MIEC recommends against a physician testifying in a medical malpractice case without personal representation. Depositions are adversarial and the primary objective is to gain information regarding the care provided. Plaintiffs’ attorneys, as well as the attorneys of other physician defendants, are not your friends during this process and they will not protect an unrepresented physician’s interests. Their obligation is...

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