trying a medical malpractice case: a view from the bench judge j. eric elliff
DESCRIPTION
TRYING A MEDICAL MALPRACTICE CASE: A View From the Bench Judge J. Eric Elliff. PRETRIAL. TRIAL. MEDICAL RECORDS DISCOVERY A WORD ABOUT CAPP PRETRIAL MOTIONS. MEDICAL RECORDS DISCOVERY. “Peer review boards” as a discovery shield Medical records – Can’t we all just get along? - PowerPoint PPT PresentationTRANSCRIPT
TRYING A MEDICAL MALPRACTICE CASE:
A View From the Bench
Judge J. Eric Elliff
PRETRIAL
TRIAL
MEDICAL RECORDS DISCOVERY
A WORD ABOUT CAPP
PRETRIAL MOTIONS
MEDICAL RECORDS DISCOVERY
“Peer review boards” as a discovery shield
Medical records – Can’t we all just get along?
One set only at trialAgree on redactions before trialOR get court guidance
Samms and Reuter
“Peer review boards” as a discovery shield
Medical records – Can’t we all just get along?
One set only at trialAgree on redactions before trialOR get court guidance
Samms and Reuter
MEDICAL RECORDS DISCOVERY
MEDICAL RECORDS DISCOVERY
“Peer review boards” as a discovery shield
Medical records – Can’t we all just get along?
One set only at trialAgree on redactions before trialOR get court guidance
Samms and Reuter
MEDICAL RECORDS DISCOVERY
“Peer review boards” as a discovery shield
Medical records – Can’t we all just get along?
One set only at trialAgree on redactions before trialOR get court guidance
Samms and Reuter
MEDICAL RECORDS DISCOVERY
“Peer review boards” as a discovery shield
Medical records – Can’t we all just get along?
One set only at trialAgree on redactions before trialOr get court guidance
Samms and Reuter
MEDICAL RECORDS DISCOVERY
“Peer review boards” as a discovery shield
Medical records – Can’t we all just get along?
One set only at trialAgree on redactions before trialOR get court guidance
Samms and Reuter
MEDICAL RECORDS DISCOVERY
AT-ISSUE/ DISCOVERABLE
TREATMENT
MEDICAL RECORDS DISCOVERY
PRE-EVENT TREATMENT
MEDICAL RECORDS DISCOVERY
POST-EVENT TREATMENT
PRE-EVENT TREATMENT
MEDICAL RECORDS DISCOVERY
POST-EVENT TREATMENT
AT-ISSUE/ DISCOVERABLE
TREATMENT
MEDICAL RECORDS DISCOVERY
A WORD ABOUT CAPP
PRETRIAL MOTIONS
A WORD ABOUT CAPPIt’s Coming (one way or another)
Best ideas from CAPP will go into CRCP
Early Guesses:Narrower DiscoveryFuller DisclosureMore power to impose sanctions
A WORD ABOUT CAPPIt’s Coming (one way or another)
Best ideas from CAPP will go into CRCP
Early Guesses:Narrower DiscoveryFuller DisclosureMore power to impose sanctions
A WORD ABOUT CAPPIt’s Coming (one way or another)
Best ideas from CAPP will go into CRCP
Early Guesses:Narrower DiscoveryFuller DisclosureMore power to impose sanctions
A WORD ABOUT CAPPIt’s Coming (one way or another)
Best ideas from CAPP will go into CRCP
Early Guesses:Narrower DiscoveryFuller DisclosureMore power to impose sanctions
A WORD ABOUT CAPPIt’s Coming (one way or another)
Best ideas from CAPP will go into CRCP
Early Guesses:Narrower DiscoveryFuller DisclosureMore power to impose sanctions
A WORD ABOUT CAPPIt’s Coming (one way or another)
Best ideas from CAPP will go into CRCP
Early Guesses:Narrower DiscoveryFuller DisclosureMore power to impose sanctions
MEDICAL RECORDS DISCOVERY
A WORD ABOUT CAPP
PRETRIAL MOTIONS
PRETRIAL MOTIONSShould be used to surgically narrow the case
Shreck Motions:Think before filingCourts hate excluding expertsExpertise vs. Relevance
Relevance Motions
PRETRIAL MOTIONSShould be used to surgically narrow the case
Shreck Motions:Think before filingCourts hate excluding expertsExpertise vs. Relevance
Relevance Motions
PRETRIAL MOTIONSShould be used to surgically narrow the case
Shreck Motions:Think before filingCourts hate excluding expertsExpertise vs. Relevance
Relevance Motions
PRETRIAL MOTIONSShould be used to surgically narrow the case
Shreck Motions:Think before filingCourts hate excluding expertsExpertise vs. Relevance
Relevance Motions
PRETRIAL MOTIONSShould be used to surgically narrow the case
Shreck Motions:Think before filingCourts hate excluding expertsExpertise vs. Relevance
Relevance Motions
PRETRIAL MOTIONSShould be used to surgically narrow the case
Shreck Motions:Think before filingCourts hate excluding expertsExpertise vs. Relevance
Relevance Motions
PRETRIAL
TRIAL
JURY DEMOGRAPHICS
SO WHAT?
EXPERTS
JURY DEMOGRAPHICSYoung
Highly Educated
Skeptical
No empathy for “victimy” or angry plaintiffs
JURY DEMOGRAPHICSSubject Number Percent
SEX AND AGE Total population 600,158 100.0
Under 5 years 43,515 7.35 to 9 years 37,371 6.210 to 14 years 30,365 5.115 to 19 years 32,275 5.420 to 24 years 47,688 7.925 to 29 years 65,841 11.030 to 34 years 56,989 9.535 to 39 years 49,183 8.240 to 44 years 40,580 6.845 to 49 years 36,646 6.150 to 54 years 35,830 6.055 to 59 years 33,497 5.660 to 64 years 28,246 4.765 to 69 years 18,673 3.170 to 74 years 13,480 2.275 to 79 years 10,904 1.880 to 84 years 9,455 1.685 years and over 9,620 1.6 Median age (years) 33.7 ( X )
Colorado
JURY DEMOGRAPHICSCOLORADO
Subject Number PercentSEX AND AGE
Total population 600,158 100.0Under 5 years 43,515 7.35 to 9 years 37,371 6.210 to 14 years 30,365 5.115 to 19 years 32,275 5.420 to 24 years 47,688 7.925 to 29 years 65,841 11.030 to 34 years 56,989 9.535 to 39 years 49,183 8.2
JURY DEMOGRAPHICS
Subject Number PercentTotal population 308,745,53 100.0Under 5 years 20,201,362 6.55 to 9 years 20,348,657 6.610 to 14 years 20,677,194 6.715 to 19 years 22,040,343 7.120 to 24 years 21,585,999 7.025 to 29 years 21,101,849 6.830 to 34 years 19,962,099 6.535 to 39 years 20,179,642 6.5
TOTAL 26.8%
Subject Number PercentTotal population 600,158 100.0Under 5 years 43,515 7.35 to 9 years 37,371 6.210 to 14 years 30,365 5.115 to 19 years 32,275 5.4
20 to 24 years 47,688 7.925 to 29 years 65,841 11.030 to 34 years 56,989 9.535 to 39 years 49,183 8.2
TOTAL 36.6%
UNITED STATES COLORADO
JURY DEMOGRAPHICSYoung
Highly Educated
Skeptical
No empathy for “victimy” or angry plaintiffs
JURY DEMOGRAPHICS2010 Highest
Education Level Attained
Denver, CO Colorado United States
Did Not Complete High School
73,512 17.63% 318,375 9.90% 30,370,155 15.35%
Completed High School
87,869 21.08% 741,195 23.04% 57,863,097 29.24%
Some College 79,060 18.97% 733,620 22.81% 40,691,836 20.56%
Completed Associate Degree
24,517 5.88% 263,012 8.18% 14,841,627 7.50%
Completed Bachelors Degree
98,277 23.57% 769,266 23.92% 34,682,582 17.52%
Completed Graduate Degree
53,636 12.87% 391,002 12.16% 19,465,340 9.84%
JURY DEMOGRAPHICS2010 Highest
Education Level Attained
Denver, CO Colorado United States
Did Not Complete High School
73,512 17.63% 318,375 9.90% 30,370,155 15.35%
Completed High School
87,869 21.08% 741,195 23.04% 57,863,097 29.24%
Some College 79,060 18.97% 733,620 22.81% 40,691,836 20.56%
Completed Associate Degree
24,517 5.88% 263,012 8.18% 14,841,627 7.50%
Completed Bachelors Degree
98,277 23.57% 769,266 23.92% 34,682,582 17.52%
Completed Graduate Degree
53,636 12.87% 391,002 12.16% 19,465,340 9.84%
TOTAL 36.44% 27.36%
JURY DEMOGRAPHICS2010 Highest
Education Level Attained
Denver, CO Colorado United States
Did Not Complete High School
73,512 17.63% 318,375 9.90% 30,370,155 15.35%
Completed High School
87,869 21.08% 741,195 23.04% 57,863,097 29.24%
Some College 79,060 18.97% 733,620 22.81% 40,691,836 20.56%
Completed Associate Degree
24,517 5.88% 263,012 8.18% 14,841,627 7.50%
Completed Bachelors Degree
98,277 23.57% 769,266 23.92% 34,682,582 17.52%
Completed Graduate Degree
53,636 12.87% 391,002 12.16% 19,465,340 9.84%
TOTAL 36.08% 27.36%
JURY DEMOGRAPHICSYoung
Highly Educated
Skeptical
No empathy for “victimy” or angry plaintiffs
JURY DEMOGRAPHICSYoung
Highly Educated
Skeptical
No empathy for “victimy” or angry plaintiffs
JURY DEMOGRAPHICS
SO WHAT?
EXPERTS
SO WHAT?They understand “mistakes” are an
inherent risk of surgery
Doctor’s apology may not be a bad thing
Pay attention to their questions
SO WHAT?They understand “mistakes” are an
inherent risk of surgery
Doctor’s apology may not be a bad thing
Pay attention to their questions
SO WHAT?They understand “mistakes” are an
inherent risk of surgery
Doctor’s apology may not be a bad thing
Pay attention to their questions
JURY DEMOGRAPHICS
SO WHAT?
EXPERTS
EXPERTSHorrible, mercenary creatures
But, jurors love themThey like to be educated (see above)Demonstrations are highly effective
Unless they come off as advocates
EXPERTSHorrible, mercenary creatures
But, jurors love themThey like to be educated (see above)Demonstrations are highly effective
Unless they come off as advocates
EXPERTSHorrible, mercenary creatures
But, jurors love themThey like to be educated (see above)Demonstrations are highly effective
Unless they come off as advocates
EXPERTSHorrible, mercenary creatures
But, jurors love themThey like to be educated (see above)Demonstrations are highly effective
Unless they come off as advocates
EXPERTSHorrible, mercenary creatures
But, jurors love themThey like to be educated (see above)Demonstrations are highly effective
Unless they come off as advocates
QUESTIONS?