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Does a patient lose the right to invoke the physician/patient privilege when he or she has seen a physician for an independent medial examination (IME) rather than for treatment? The question may come up in the aftermath of a workers' compensation or medical malpractice case if questions of possible fraud on the claimant's part surface, and you may be asked to advise your client as to his or her rights.
Any physician who has had the unfortunate experience of being the target of a medical malpractice lawsuit bemoans the attention paid by the plaintiff's lawyers to precise record keeping. Most physicians pride themselves on their medical skills, not their neat note taking. They will tell you that entries in a medical record are meant to enhance the care and treatment rendered to a patient, not to be read by lawyers or juries many years later.
The exclusive remedy for patients injured due to medical malpractice by federal employees acting within the scope of their employment is through the Federal Tort Claims Act (FTCA). Under the FTCA, the United States allows claims to be made against it in certain circumstances. However, because the FTCA is a waiver of sovereign immunity, strict compliance with the requirements for filing is necessary in order to preserve your clients' rights to recovery.
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Recent cases of importance to your practice.
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As lawyers, we spend a lot of time keeping ourselves current on the law, attending continuing legal education programs, and learning how to deal with experts. Sometimes, in the middle of our frenzied search for a latest case and the latest technique, we need to get back to the basics. One of the most important basics about which we should remind ourselves is the need for good client communication.
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The roles of mental health professionals in child custody litigation are both varied and important. In these cases, there may be a treating professional…
A modern day fixture of the law firm is the revolving door. The increasing frequency with which partners leave law firms for new ones raises many issues concerning the permissibility of a withdrawing attorney's conduct regarding client/attorney solicitation, removal of client files or other documents and breach of anti-competition clauses in partnership agreements. In addition to adherence to the professional ethical rules, a partner is subject to a fiduciary duty to his firm and is thus constrained by such duty throughout the life of the partnership.
According to <i>The American Lawyer</i>, fully 40% of partners in the AmLaw 200 firms will move laterally at least once as partners. This is an astonishing statistic, since lateral partner movement was virtually unheard of a generation ago. Freed from the stigma that once haunted a partner who abandoned his partnership, today's law partners tend to be pragmatists who no longer view their firms as homes for life. Instead, they see them as vehicles to drive their businesses to higher levels. In this article, we take a brief look at lateral partner recruitment from the different perspectives of the law firms, the candidates and the recruiters.
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Recent decisions of importance to your practice.
