LaWA Denizens: As a follow-up to Chris Davis's post regarding the new "Injury Forum" publication <http://www.injuryforum.com>, I happy to report that I...
Pete Livengood
plivengood@...
Feb 1, 2000 8:31 pm
1650
I would also like to formally welcome Dr. Seroussi to LaWashington. Speaking from my experience alone, the good doctor should find LaWA membership very...
Christopher Michael D...
cmichaeldavis@...
Feb 1, 2000 10:02 pm
1651
I read with great interest the recent posting of Peter Livengood's posting to the list comments on the approach of the claims department to soft tissue...
Mike Cerf
mcerf@...
Feb 2, 2000 8:58 am
1652
Thanks for your introduction Mr. Livengood. Discussion of where I ultimately see the debate on "non-osseus" injury evolve can be shelved for a later time....
Seroussi@...
Feb 2, 2000 8:59 am
1653
Yesterday I deposed Murphy in a low damage case that I have. Since he is a fairly popular DME in these types of cases, I thought I would share my thoughts. I...
Christopher Michael D...
cmichaeldavis@...
Feb 2, 2000 7:07 pm
1654
Chris, You may have felt that you didn't "zing" this guy in the depo, but it is quite obvious from all of the admissions that you listed below that you can...
Michael Freeman
drmfreeman@...
Feb 2, 2000 7:23 pm
1655
Chris and Listmates Has Gerhard started a DME index? This sort of thing should go into such an index. I know you are listening, Gerhard Good job, Chris. One...
Michael R Caryl, Esq.
mrcaryl@...
Feb 2, 2000 7:32 pm
1656
Chris I would also add that since this Murphy character has decided to attach himself to the Quebec Study as well as the Lithuania piece, he is impeachable on...
Michael Freeman
drmfreeman@...
Feb 2, 2000 7:53 pm
1657
brown v scpc specifically shifts the burden to the health insurer to establish the "full compensation" that would allow the exclusion there to apply; seems to...
Roger Hawkes
roger@...
Feb 2, 2000 9:38 pm
1658
Thanks Michael. I actually was going to ask you about one of the studies he quoted. The doctor quoted a 1998 or 1999 study published in the Jrnl of Neurology...
Christopher Michael D...
cmichaeldavis@...
Feb 2, 2000 9:46 pm
1659
It is the followup to the earlier Lithuania study. My criticism of the study was published in the Back Letter from Lippincott publishers. The flaws are similar...
Michael Freeman
drmfreeman@...
Feb 2, 2000 9:50 pm
1660
Chris: don't sell yourself short. You have given us all a lot to chew on the next time we face "Larry." He is just plain lying about his defense orientation....
Jeff Keane
tjk@...
Feb 2, 2000 11:56 pm
1661
Thanks Jeff.. I may have to add your tidbit to my cross exam outline for Murphy: "So Dr. Murphy, I've heard from other doctors at your former employer, Minor...
Christopher Michael D...
cmichaeldavis@...
Feb 2, 2000 11:56 pm
1662
Dear Listmates, I was consulted regarding an interesting case recently. It seems that a 40 yo gentleman was injured in a rear impact collision three years ago....
Michael Freeman
drmfreeman@...
Feb 3, 2000 5:37 pm
1663
My initial thought on a situation such as this: I would hope that a lawsuit is filed prior to (a typically confidential) settlement of any claims against the...
DGLawFirm@...
Feb 3, 2000 5:47 pm
1664
The defense firm, insurer and examining agency (if one exists) will almost certainly argue the DME was an independent contractor, and not within their control....
Chris Davis
cmichaeldavis@...
Feb 3, 2000 6:33 pm
1665
In Washington, liability of defense firm and insurer is extremely doubtful; dme is independent contractor, not usually able to bind the one who hired him/her;...
Roger Hawkes
roger@...
Feb 3, 2000 6:57 pm
1666
... Exactly. There may be a med neg action, IF one could prove the examination was in fact negligent AND causation. A disc that fragile would likely have...
John Schedler
JWS@...
Feb 3, 2000 7:45 pm
1667
John, It seems to my non-legal mind that the pltf would never have been injured had he not been sent by the defense firm at the behest of the insurer to the...
Michael Freeman
drmfreeman@...
Feb 4, 2000 5:56 am
1668
It's been awhile since I've looked at the joinder rule, but why couldn't the "intervening" tortfeasor be joined? Seems to me the defense attorney has a duty...
Chris Davis
cmichaeldavis@...
Feb 4, 2000 2:58 pm
1669
Jeff, I too have deposed Larry on these points. He has now left Minor and James and taken a position as head of neurology at the Polyyclinic. While at Minor &...
tortmeister
tortmeister@...
Feb 4, 2000 2:58 pm
1670
Wes, I think that the scenario that you present is excellent, but I have a problem with using engineers to "prove" that the force was sufficient to cause...
Michael Freeman
drmfreeman@...
Feb 4, 2000 4:25 pm
1671
... Actually, we're not far apart. What I meant was that getting a "bad faith" action joined with underlying tort will not happen in WA. Getting the mva & the...
John Schedler
JWS@...
Feb 4, 2000 5:19 pm
1672
I wonder if the rule that negligent medical treatment is foreseeable following an injury would apply under these facts. A CR 35 exam is not treatment, but a...
Ray P.
ray_p@...
Feb 4, 2000 5:57 pm
1673
Dr. Freeman: I think you'd have to be able to show that the law firm knew or should have known of the Dr's negligent tendencies before the referral. Then...
Ray P.
ray_p@...
Feb 4, 2000 6:10 pm
1674
Craig and Pete, This fellow wrote to me about getting satla and lawashington e-mail by mistake. Can you guys fix this? He sounds pissed. Michael D Freeman PhD...
Michael Freeman
drmfreeman@...
Feb 4, 2000 10:56 pm
1675
John a million years is a very long time.... Wasn't the DME done at the defendant's request? What instructions did the defense medical examiner receive from...
MJRLaw@...
Feb 4, 2000 11:47 pm
1676
arguments are what lawyers do; issue is settled by looking at principles of law re master and servant, employer and employee; principal and agent etc. Roger...
Roger Hawkes
roger@...
Feb 5, 2000 12:40 am
1677
Scott, I don't know that I would refrain from asking Larry about the studies he quotes. He especially likes the Quebec study, which he says supports his "no...
Chris Davis
cmichaeldavis@...
Feb 5, 2000 2:07 am
1678
... Exactly. I do think this is all rather academic. The IME/DME guy has a malpractice policy & it is likely the limits are plenty. There is no need to dip...
