Category: Civil Procedure

Physicians as “Expert Witnesses”

During a trial, the jury’s opinions and impressions about the case are critical.  One of the things I learned from my most recent trial was how the jurors weighed the testimony of expert witnesses. In a malpractice case, the plaintiff will have her experts; the defendant physician will have his.  In a lot of cases, jurors will conclude […]

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Utah Medical Malpractice Cases: Why Do They Take So Long?

One of the most frustrating things for clients in medical malpractice cases is how long the process can take.  Often, being the victim of medical negligence forces people to use the civil justice system for the first time.  It can be an intimidating and frustrating process, but ultimately, it results not only in help with […]

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Landmark Utah Supreme Court Case Restores Fairness in Malpractice Cases

On Friday, the Utah Supreme Court handed down its decision in Turner v. University of Utah Hospitals.  You can read the decision here. Ms. Turner was severely hurt in a car accident, and while she was being treated for her injuries at the hospital, staff members negligently moved her, breaking her back and paralyzing her. When Ms. […]

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Utah Wrongful Death Law

Utah is just one of four states with constitutions that specifically preclude any limitation on recovery in wrongful death suits.  The Utah State Constitution expressly states that “[t]he right of action to recover damages for injuries resulting in death shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation […]

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NBI Seminar: Social Media in Personal Injury Discovery

Social media is rapidly becoming a way of life for all of us.  But what are the implications of this explosion of technology in personal injury litigation? Join me on Wednesday, September 7 for a 1.5 hour teleconference discussing discovery issues related to social media. You can register now at NBI.

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