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TRYING A MEDICAL MALPRACTICE CASE: A View From the Bench Judge J. Eric Elliff

TRYING A MEDICAL MALPRACTICE CASE: A View From the Bench Judge J. Eric Elliff. PRETRIAL. TRIAL. MEDICAL RECORDS DISCOVERY A WORD ABOUT CAPP PRETRIAL MOTIONS. MEDICAL RECORDS DISCOVERY. “Peer review boards” as a discovery shield Medical records – Can’t we all just get along?

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TRYING A MEDICAL MALPRACTICE CASE: A View From the Bench Judge J. Eric Elliff

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  1. TRYING A MEDICAL MALPRACTICE CASE:A View From the BenchJudge J. Eric Elliff

  2. PRETRIAL TRIAL

  3. MEDICAL RECORDS DISCOVERY A WORD ABOUT CAPP PRETRIAL MOTIONS

  4. MEDICAL RECORDS DISCOVERY “Peer review boards” as a discovery shield Medical records – Can’t we all just get along? One set only at trial Agree on redactions before trial OR get court guidance Samms and Reuter

  5. MEDICAL RECORDS DISCOVERY “Peer review boards” as a discovery shield Medical records – Can’t we all just get along? One set only at trial Agree on redactions before trial OR get court guidance Samms and Reuter

  6. MEDICAL RECORDS DISCOVERY “Peer review boards” as a discovery shield Medical records – Can’t we all just get along? One set only at trial Agree on redactions before trial OR get court guidance Samms and Reuter

  7. MEDICAL RECORDS DISCOVERY “Peer review boards” as a discovery shield Medical records – Can’t we all just get along? One set only at trial Agree on redactions before trial OR get court guidance Samms and Reuter

  8. MEDICAL RECORDS DISCOVERY “Peer review boards” as a discovery shield Medical records – Can’t we all just get along? One set only at trial Agree on redactions before trial Or get court guidance Samms and Reuter

  9. MEDICAL RECORDS DISCOVERY “Peer review boards” as a discovery shield Medical records – Can’t we all just get along? One set only at trial Agree on redactions before trial OR get court guidance Sammsand Reuter

  10. MEDICAL RECORDS DISCOVERY AT-ISSUE/ DISCOVERABLETREATMENT

  11. MEDICAL RECORDS DISCOVERY PRE-EVENT TREATMENT

  12. MEDICAL RECORDS DISCOVERY POST-EVENT TREATMENT

  13. MEDICAL RECORDS DISCOVERY AT-ISSUE/ DISCOVERABLETREATMENT POST-EVENT TREATMENT PRE-EVENT TREATMENT

  14. MEDICAL RECORDS DISCOVERY A WORD ABOUT CAPP PRETRIAL MOTIONS

  15. A WORD ABOUT CAPP It’s Coming (one way or another) Best ideas from CAPP will go into CRCP Early Guesses: Narrower Discovery Fuller Disclosure More power to impose sanctions

  16. A WORD ABOUT CAPP It’s Coming (one way or another) Best ideas from CAPP will go into CRCP Early Guesses: Narrower Discovery Fuller Disclosure More power to impose sanctions

  17. A WORD ABOUT CAPP It’s Coming (one way or another) Best ideas from CAPP will go into CRCP Early Guesses: Narrower Discovery Fuller Disclosure More power to impose sanctions

  18. A WORD ABOUT CAPP It’s Coming (one way or another) Best ideas from CAPP will go into CRCP Early Guesses: Narrower Discovery Fuller Disclosure More power to impose sanctions

  19. A WORD ABOUT CAPP It’s Coming (one way or another) Best ideas from CAPP will go into CRCP Early Guesses: Narrower Discovery Fuller Disclosure More power to impose sanctions

  20. A WORD ABOUT CAPP It’s Coming (one way or another) Best ideas from CAPP will go into CRCP Early Guesses: Narrower Discovery Fuller Disclosure More power to impose sanctions

  21. MEDICAL RECORDS DISCOVERY A WORD ABOUT CAPP PRETRIAL MOTIONS

  22. PRETRIAL MOTIONS Should be used to surgically narrow the case ShreckMotions: Think before filing Courts hate excluding experts Expertise vs. Relevance Relevance Motions

  23. PRETRIAL MOTIONS Should be used to surgically narrow the case ShreckMotions: Think before filing Courts hate excluding experts Expertise vs. Relevance Relevance Motions

  24. PRETRIAL MOTIONS Should be used to surgically narrow the case ShreckMotions: Think before filing Courts hate excluding experts Expertise vs. Relevance Relevance Motions

  25. PRETRIAL MOTIONS Should be used to surgically narrow the case ShreckMotions: Think before filing Courts hate excluding experts Expertise vs. Relevance Relevance Motions

  26. PRETRIAL MOTIONS Should be used to surgically narrow the case ShreckMotions: Think before filing Courts hate excluding experts Expertise vs. Relevance Relevance Motions

  27. PRETRIAL MOTIONS Should be used to surgically narrow the case ShreckMotions: Think before filing Courts hate excluding experts Expertise vs. Relevance Relevance Motions

  28. PRETRIAL TRIAL

  29. JURY DEMOGRAPHICS SO WHAT? EXPERTS

  30. JURY DEMOGRAPHICS Young Highly Educated Skeptical No empathy for “victimy” or angry plaintiffs

  31. JURY DEMOGRAPHICS Colorado

  32. JURY DEMOGRAPHICS COLORADO

  33. JURY DEMOGRAPHICS UNITED STATES COLORADO

  34. JURY DEMOGRAPHICS Young Highly Educated Skeptical No empathy for “victimy” or angry plaintiffs

  35. JURY DEMOGRAPHICS

  36. JURY DEMOGRAPHICS

  37. JURY DEMOGRAPHICS

  38. JURY DEMOGRAPHICS Young Highly Educated Skeptical No empathy for “victimy” or angry plaintiffs

  39. JURY DEMOGRAPHICS Young Highly Educated Skeptical No empathy for “victimy” or angry plaintiffs

  40. JURY DEMOGRAPHICS SO WHAT? EXPERTS

  41. SO WHAT? They understand “mistakes” are an inherent risk of surgery Doctor’s apology may not be a bad thing Pay attention to their questions

  42. SO WHAT? They understand “mistakes” are an inherent risk of surgery Doctor’s apology may not be a bad thing Pay attention to their questions

  43. SO WHAT? They understand “mistakes” are an inherent risk of surgery Doctor’s apology may not be a bad thing Pay attention to their questions

  44. JURY DEMOGRAPHICS SO WHAT? EXPERTS

  45. EXPERTS Horrible, mercenary creatures But, jurors love them They like to be educated (see above) Demonstrations are highly effective Unless they come off as advocates

  46. EXPERTS Horrible, mercenary creatures But, jurors love them They like to be educated (see above) Demonstrations are highly effective Unless they come off as advocates

  47. EXPERTS Horrible, mercenary creatures But, jurors love them They like to be educated (see above) Demonstrations are highly effective Unless they come off as advocates

  48. EXPERTS Horrible, mercenary creatures But, jurors love them They like to be educated (see above) Demonstrations are highly effective Unless they come off as advocates

  49. EXPERTS Horrible, mercenary creatures But, jurors love them They like to be educated (see above) Demonstrations are highly effective Unless they come off as advocates

  50. QUESTIONS?

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