civilly speaking

The monthly podcast for the Ohio Association for Justice



…different programs retain different pieces of information and that is a lot of times a place where you can find additional evidence to help you with med mal case cases specifically as electronic medical records have made pinpointing data quite hard over the past several years and this is a way to help A, cut through it and B, show courts that there are ways to get the information that sometimes you hear is impossible to reach.

And so, in exchange we have this system that they thought again injured workers could get compensated faster and get treatment faster and so it was supposed to be a system that benefited all sides.

But more importantly I said do you understand the ramifications that this case could have. That means Ohioans driving around who pay for Underinsured and Uninsured motors coverage could be hit by an ambulance, a fire truck, a police car responding to emergency vehicle, the municipality has absolutely no responsibility and no liability…

The most important expert is a psychologist who is very familiar with sexual abuse effects because a challenge in this, in a case like this is having a jury understand what all these psychological damages mean…

And that’s where the courts have been, especially more recently, pretty inclusive so anything that could affect a major life activity speech, sleep, your ability to think, and act properly in a social setting, anything that can affect the life activity…

…I think they all kind of believe that their case has a value higher than what a jury might think so I think that at the outset it’s important to set an absolute legal ceiling.

Well what happens is when you put out dangerous drugs and dangerous medical devices like this, the FDA has a forum in which doctors are allowed to, not required to, allowed to report adverse events that they think are related to either a pharmaceutical drug or medical device and what you’ll find is some of them do and some of them don’t. Most of them probably don’t and I’ve heard numbers that something like two percent of adverse events are actually reported.

I mean really, they’re creeping into every facet of the medical practice, the medical world.

…it occurred to me afterward how much better off we would all be if I behaved as if my kids were in the room or somebody else’s kids were in the room watching an attorney do what they do and watching how they do that. It just seems to that there’s a lot to be had from thinking about things that way.

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