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LITIGATION: CONTROL OR BE CONTROLLED A Proactive Approach Presented By: Gregory R. Travis

LITIGATION: CONTROL OR BE CONTROLLED A Proactive Approach Presented By: Gregory R. Travis The Travis Law Firm, P.C. 1150 Galleria Financial Center 5075 Westheimer Houston, Texas 77056 104 TH AAO Annual Session Monday, May 3, 2004. THE EFFECTS OF LITIGATION. How Litigation Affects You.

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LITIGATION: CONTROL OR BE CONTROLLED A Proactive Approach Presented By: Gregory R. Travis

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  1. LITIGATION: CONTROL OR BE CONTROLLED A Proactive Approach Presented By: Gregory R. Travis The Travis Law Firm, P.C.1150 Galleria Financial Center5075 WestheimerHouston, Texas 77056 104TH AAO Annual Session Monday, May 3, 2004

  2. THE EFFECTS OFLITIGATION

  3. How Litigation Affects You • Physically • Mentally • Emotionally

  4. How Litigation Affects Your Business • Generally • Employees • Reputation

  5. How to Approach Litigation Mentally to Overcome or Minimize These Effects • Take Control of Yourself • Take Control of Your Office • Take Control of the Situation

  6. REASONS FOR LAWSUITS&LESSONS TO LEARN

  7. Reasons for Lawsuits: • Refund Case/Fee Return • Bedside Manner: Attitude • Miscommunications • Informed Consent • Expectations • Required Perfection • Crazy Client: Screen, Refer & Avoid • True Mistake: E&O

  8. PREVENTION OF LITIGATION

  9. Prevention of Litigation: • The Practice Itself • Records – Accurate and Legible • Informed Consent -Doctor/Patient Relationship -Doctor Did Not Inform Patient of Risk Associated with Procedure -Undisclosed Risk Occurred -Undisclosed Risk Proximately Caused by Doctor

  10. Prevention of Litigation: • Informed Patient/Family • Personality & Attitude • Problem Patients • Criticizing Other Orthodontists • Doctor’s Duties -Cooperate -Assist

  11. Litigation: A Brief Overview of the Process and What to Expect Along the Way

  12. Initial Complaint: • Informal: Patient Complaint • Formal: Demand Letter • What To Do and When To Do It

  13. The Petition: • Filing • Service

  14. DISCOVERY

  15. Different Forms of Discovery: • Formal • Informal

  16. Formal Discovery • Request for Production • Request for Admissions • Interrogatories • Request for Disclosures (Texas) • Deposition/Sworn Statement

  17. Informal Discovery • Everything Else Under the Sun – Outside of Formal Discovery • Contacting Subsequent Treaters • Contacting Third Parties • Obtaining Past Testimony From Attorney Network • Investigation

  18. Discoverablevs.Non-Discoverable

  19. Evidencevs.Non-Evidence

  20. Surprisesvs.Non-Surprises

  21. MOST COMMONDEFENSES

  22. Defenses: • No Duty • No Breach • No Causation • No Damages • Statute of Limitations • Proportionate Responsibility • Damage Caps?

  23. Mediation • What’s the Purpose? • Description/Composition • Use and Abuse • What to Expect from It

  24. Settlement • Consent Issue • On Whose Terms • What Terms

  25. TRIAL

  26. Trial: Basics and Essentials • Defined • Rule: Those Willing and Able To Fight, Seldom Do • Corollary: Those Unprepared to Fight, Will

  27. Trial: • Preparation • What to Expect • Appearance • Attitude • Length

  28. APPEAL

  29. Appeal: • Reasons for Appeal • Who May File and Why • What is Your Involvement?

  30. Plaintiff’s and Plaintiff’s Counsel’s Perspective as to You and The Litigation

  31. Plaintiff: • Feels Slighted, Hurt, Possibly Betrayed • Totally Emotional • Familiar with Stories of Large Jury Verdicts • Unfamiliar with the Litigation Process and All it Entails • Tires of the Process Easily • Best Time to Deal with Plaintiff

  32. Plaintiff’s Counsel: • Type 1: Emotional • Type 2: Business

  33. TYPE 1 • Hates and Despises All Doctors (Probably a Wanna Be) • Views You Impersonally • Believes Client Blindly-Unquestionably • Doing God’s Work • Does not Prepare Plaintiff • Punk – Difficult to Deal With, Easy to Beat

  34. TYPE 2 • Likes Most Doctors (Especially His Experts) • Knows that Everyone is Not Perfect • Profit Driven • Rational, Thoughtful, Reasonable • Prepares Client Sufficiently • Dangerous

  35. Gregory R. TravisThe Travis Law Firm, P.C.1150 Galleria Financial Center5075 WestheimerHouston, Texas 77056(713) 626-3800

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