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Featured Article FAQ: What Happens After a Medical Malpractice Case is Filed?

FAQ: What Happens After a Medical Malpractice Case is Filed?

October 10, 2017
At PHP Law Firm in Wichita, Kansas, we understand that the steps involved in a medical malpractice case can be overwhelming— especially as you strive to put your life back together. Many of our clients have wondered what ...
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FAQ: Will a Lawsuit Always be Successful if a Baby is Harmed Through a Birth Injury?

FAQ: Will a Lawsuit Always be Successful if a Baby is Harmed Through a Birth Injury?

Although most babies born in the United States are delivered without incident, 29 out of every 1,000 suffer some kind of birth injury or birth trauma. If your baby was harmed through a birth injury and you’re considering ...
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FAQ: What is “informed consent”?

FAQ: What is “informed consent”?

As the very most important member of your health care team, you have the right to help decide what medical care is best for you. That’s why, by law, your health care provider must communicate with you regarding your ...
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FAQ: What are the Key Arguments for/Against Medical Malpractice Reform?

FAQ: What are the Key Arguments for/Against Medical Malpractice Reform?

Back in the 1970s and 1980s, arguments for medical malpractice reform began to take shape. Proponents of reform felt that medical malpractice claims had caused insurance costs to skyrocket (for both health care providers ...
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FAQ: Can You File a Medical Malpractice Lawsuit Against Someone Other Than a Doctor?

FAQ: Can You File a Medical Malpractice Lawsuit Against Someone Other Than a Doctor?

Medical malpractice is when a health care provider fails to deliver the “standard of care” (what a reasonable health care provider would do given the same or a similar situation) and it results in harm, injury or even ...
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FAQ: What can I recover in my birth injury medical malpractice claim?

FAQ: What can I recover in my birth injury medical malpractice claim?

If your child has suffered a birth injury due to medical malpractice, you’ve likely considered the many reasons you need sizable compensation. You may be experiencing challenges in caring for your child and you realize ...
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FAQ: What’s the difference between a birth defect and a birth injury?

FAQ: What’s the difference between a birth defect and a birth injury?

Sadly, new parents are sometimes confronted with news that their baby has a birth defect or has suffered a birth injury. While most are aware that compensation can be gained in the case of a birth injury, many are ...
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Help Us Fight for the Rights of Medical Malpractice Victims

Help Us Fight for the Rights of Medical Malpractice Victims

A newly-introduced bill that was approved by a House committee at the end of February 2017, H.R. 1215 (also known as Protecting Access to Care Act of 2017), could have dire consequences for victims of medical ...
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FAQ: How Do I Know If My Child has Suffered a Birth Injury and What Should I Do?

FAQ: How Do I Know If My Child has Suffered a Birth Injury and What Should I Do?

Most parents experience a huge sense of relief when it’s determined their newborn baby is healthy. But for some parents, that relief never comes and for others, the relief is later replaced with the realization that ...
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FAQ: Is My Misdiagnosis Considered Medical Malpractice?

FAQ: Is My Misdiagnosis Considered Medical Malpractice?

A misdiagnosis can not only be frustrating, it can also cause harm, injury and even death. If you or a loved one find yourself in this situation, you might wonder if misdiagnosis is considered medical malpractice. First, ...
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FAQ: What is Medical Malpractice?

FAQ: What is Medical Malpractice?

Many do not contemplate the definition of medical malpractice until they or someone they love has had a bad medical outcome, sometimes even resulting in death. If you or a family member are in such a difficult situation, ...
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Medical Malpractice Frequently Asked Questions

Medical Malpractice Frequently Asked Questions

As a patient, you place trust in your medical care team to put your health first. But the medical care you receive is not always optimal. In some cases, a doctor will do something, or fail to do something, that deviates ...
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What Is Pain and Suffering in a Medical Malpractice Case?

What Is Pain and Suffering in a Medical Malpractice Case?

You may have heard the terms “pain” and “suffering” in association with a medical malpractice case. But what do they actually mean? How are they quantified according to law? To shed some light on this topic, the ...
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Medical Malpractice in the ER

Medical Malpractice in the ER

The emergency room can be a crazy place. It has been the setting for fast-paced TV shows and movies for decades for good reason. Although the organization and treatment at emergency facilities can be top-notch, often, ...
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Cerebral Palsy: When Do I Have a Medical Malpractice Case?

Cerebral Palsy: When Do I Have a Medical Malpractice Case?

Cerebral Palsy is one of the most common developmental disabilities among children in the United States. Between 8,000 and 10,000 new cases are diagnosed each year, and there are roughly 764,000 adults and children ...
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What Is Wrongful Birth?

What Is Wrongful Birth?

Wrongful birth is often a confusing term. But it happens more than you would think. It’s important to know what it is and how to protect yourself. Your best defense in any birth-related case is, first, know the facts and ...
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Our Birth Injury Attorneys Weigh In on At-Home Births

Our Birth Injury Attorneys Weigh In on At-Home Births

The growing trend of at-home births is catching on because of the perceived positive benefits. There are many advantages to bringing your child into this world in a comfortable and safe place. But there are also many ...
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Your Auto Accident Attorneys for Side Impact Testing

Your Auto Accident Attorneys for Side Impact Testing

According to the Insurance Institute for Highway Safety (IIHS), side crashes make up 25 percent of all vehicle occupant deaths in the United States. Passengers involved in side crashes experience such a high mortality ...
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PHP Law Firm — Attorneys Who Care

PHP Law Firm — Attorneys Who Care

When you are the victim of a life-changing injury, it’s natural to feel confused and overwhelmed by the situation. Due to the irresponsible actions of others, you are now faced with large hospital bills, time away from ...
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Birth Injury Attorneys Against Reproductive Malpractice in the U.S. Military

Birth Injury Attorneys Against Reproductive Malpractice in the U.S. Military

Birth injuries negatively affect countless families across the United States each year. The mother, infant, or both can suffer severe physical injury, nerve damage, paralysis, and even death. When these injuries are ...
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Medical Malpractice Attorneys Against Common Doctor Errors

Medical Malpractice Attorneys Against Common Doctor Errors

According to the Journal of Patient Safety, over 440,000 people die each year due to medical malpractice. Injured victims face significant long-term health issues due to brain damage, paralysis, nerve damage, and other ...
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Informed Consent and Medical Malpractice Claims

Informed Consent and Medical Malpractice Claims

The negligence or reckless action of a medical professional can negatively change the lives of families forever. Victims of medical malpractice face extreme physical and emotional trauma, nerve damage, paralysis, and ...
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Common Questions About Medical Malpractice

Common Questions About Medical Malpractice

Medical malpractice continues to be a significant safety concern for patients. The mistake of a medical professional can result in severe injury, brain damage, paralysis and wrongful death. In fact, medical negligence is ...
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Differences Between Medical Negligence & Medical Malpractice

Differences Between Medical Negligence & Medical Malpractice

Otherwise preventable medical errors can have a catastrophic effect on the lives of victims. Mistakes by medical professionals can result in severe physical injuries, nerve damage, paralysis, brain damage, and wrongful ...
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Medical Malpractice Attorneys Against Infant Wrongful Death

Medical Malpractice Attorneys Against Infant Wrongful Death

A new baby brings a family together. He or she is a new addition that represents a hope for the future and the start of a new generation. This is why infant wrongful death is such a devastating and traumatic event. It’s ...
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Medical Malpractice Attorneys Against Common Birth Injuries

Medical Malpractice Attorneys Against Common Birth Injuries

The addition of a new baby is a joyous and monumental life event for a family. Unfortunately, the negligence or action of a medical professional can have tragic consequences. Otherwise preventable injuries caused by ...
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Medical Malpractice Attorneys Against Cerebral Palsy Malpractice

Medical Malpractice Attorneys Against Cerebral Palsy Malpractice

Birth injury malpractice can have a devastating affect on the lives of families. One of the most serious results of childbirth malpractice is cerebral palsy. This is caused when an infant’s brain is deprived of oxygen ...
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Why Should You Hire a Wrongful Death Attorney?

Why Should You Hire a Wrongful Death Attorney?

Losing a loved one is a tragic event that can devastate the surviving family. When the decedent’s death was the result of the action or negligence of another party, then the victim’s estate can file a wrongful death ...
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Do I Have a Birth Injury Malpractice Claim?

Do I Have a Birth Injury Malpractice Claim?

Complications in childbirth can happen in an instant. The decisions made by a physician are often the difference between life and death. There is little margin for error and an OB/GYN needs to act in a timely manner to ...
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Medical Malpractice Attorneys Against Botched Gastric Bypass Surgery

Medical Malpractice Attorneys Against Botched Gastric Bypass Surgery

Hundreds of thousands of obese patients in United States elect to have gastric bypass surgery each year. According to the American Society for Metabolic and Bariatric Surgery (ASMBS) there were 193,000 gastric bypass ...
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Lack of Transparency in Medical Malpractice Payments

Lack of Transparency in Medical Malpractice Payments

Medical malpractice victims suffer devastating injuries that can result in paralysis, loss of mobility, deformity, brain damage, and even death. Unfortunately, the health care industry is ignoring the best interests of ...
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Celebrity Medical Malpractice Cases

Celebrity Medical Malpractice Cases

Every year in the United States, there are over 1.5 million patients who become victims of medical malpractice. Nearly 100,000 of these cases are so severe that it results in the death of the patient (Institute of ...
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Medical Malpractice Attorneys Against Emergency Room Errors

Medical Malpractice Attorneys Against Emergency Room Errors

When patients are taken to the emergency room, they expect to be treated with the specialized care they deserve. Medical professionals in the ER are in charge of treatments and diagnoses that can mean the difference ...
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Medical Malpractice Attorneys Against Unapproved Devices in Surgery

Medical Malpractice Attorneys Against Unapproved Devices in Surgery

When you are a surgery patient, you should be able to trust your doctor to have your best interests at heart. You are putting your health, recovery, and life in their hands. Unfortunately, due to the use of unapproved ...
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Medical Malpractice Attorneys Against Nursing Home Malpractice

Medical Malpractice Attorneys Against Nursing Home Malpractice

We expect our loved ones to be treated with the utmost care and respect at nursing homes. Patients deserve timely medical attention from trained professionals who have their best interests at heart. Unfortunately, this ...
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The Risks of IUD Medical Malpractice

The Risks of IUD Medical Malpractice

Each year, numerous women choose a type of birth control to help with family planning and unwanted pregnancy. However, complications due to the improper insertion of the birth control method Mirena IUD has resulted in ...
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Medical Malpractice Attorneys Against Early Hospital Discharge

Medical Malpractice Attorneys Against Early Hospital Discharge

Medical malpractice doesn’t always occur while you are under the care of a doctor in the hospital. Sometimes malpractice is the result of early hospital discharge. This occurs when a doctor or physician is negligent and ...
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Shortage of Medical Malpractice Attorneys in United States

Shortage of Medical Malpractice Attorneys in United States

Victims of medical malpractice suffer devastating injuries that have a major impact on their quality of life. It can result in paralysis, loss of mobility, deformity, brain damage, and even death. Unfortunately, these ...
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Birth Injury Attorneys Against Misdiagnosed Ectopic Pregnancies

Birth Injury Attorneys Against Misdiagnosed Ectopic Pregnancies

For a successful pregnancy, it requires the dedicated care of the OB/GYN to keep both mother and newborn safe from harm. Unfortunately, medical professionals can make mistakes that result in terrible injuries. There is ...
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Your Birth Injury Attorneys Against Birth Related Malpractice

Your Birth Injury Attorneys Against Birth Related Malpractice

The birth of a newborn should be a momentous occasion in the lives of parents. A new baby strengthens the family unit and gives hope for the future. Unfortunately, the negligence or error of a medical professional can ...
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Your Birth Injury Attorneys Against Midwife Negligence

Your Birth Injury Attorneys Against Midwife Negligence

Expectant mothers sometimes choose to have their baby delivered by a midwife instead of an OB/GYN. Midwives are trained and certified to assist in childbirth, but depending on their level of certification there are ...
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Common Types of Birth Injury

Common Types of Birth Injury

Giving birth is a delicate and complicated process that requires the utmost care of the OB/GYN to ensure the safety of both mother and infant. Due to the negligence or error of the physician, however, otherwise ...
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Your Birth Injury Attorneys Against Cesarean Section Malpractice

Your Birth Injury Attorneys Against Cesarean Section Malpractice

When complications arise in natural childbirth, an OB/GYN may suggest that the mother have a Cesarean Section (or C-section) instead. Even though C-sections are relatively common, it is also a complicated surgery with ...
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Your Medical Malpractice Lawyers Against Birth Injury

Your Medical Malpractice Lawyers Against Birth Injury

The addition of a baby to the family should be a joyous occasion where everyone comes together to celebrate. Giving birth is a delicate process, and it requires the combined skills of doctors, nurses, anesthesiologists ...
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Your Attorneys in Wichita, KS Against Medical Malpractice Delays

Your Attorneys in Wichita, KS Against Medical Malpractice Delays

When you’ve been the victim of a medical malpractice injury, the amount of suffering you experience is almost unbearable. You feel betrayed by the medical professional you trusted to treat your injury or illness. Even ...
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Your Medical Malpractice Attorneys Against Disturbing Medical Care Trends

Your Medical Malpractice Attorneys Against Disturbing Medical Care Trends

There have been alarming recent shifts in medical care that have serious implications for patients throughout the United States. Not only are there more patients who need care, but there are now fewer medical care ...
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Your Attorneys of Wichita, KS Against Medical Malpractice Diagnostic Errors

Your Attorneys of Wichita, KS Against Medical Malpractice Diagnostic Errors

Medical malpractice can destroy the lives of patients. When a medical professional makes a mistake, there are serious health consequences for the victims and their families. The goal is to help reduce avoidable instances ...
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Your Attorneys of Wichita, KS Against Repeat Medical Malpractice Offenders

Your Attorneys of Wichita, KS Against Repeat Medical Malpractice Offenders

When a medical professional makes a mistake that results in medical malpractice, it can have a devastating effect on the lives of patients. It can result in deformity, loss of mobility, paralysis, and even death. ...
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Your Wichita, KS Attorneys for Fair Medical Malpractice Compensation

Your Wichita, KS Attorneys for Fair Medical Malpractice Compensation

Medical malpractice claims are intended to help victims win fair compensation for their suffering. When a medical professional makes a mistake due to negligence, it can have a destructive effect on the lives of patients. ...
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Your Wrongful Death Attorneys for Wichita, KS

Your Wrongful Death Attorneys for Wichita, KS

The loss of a loved one can have a devastating effect on the lives of those left behind. If the death of the decedent was caused by the negligence or action of another party, then his or her surviving family members can ...
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Award Spotlight: Brad Prochaska

Award Spotlight: Brad Prochaska

Congratulations to Brad Prochaska for being elected the 2014 national chairman of the Professional Negligence Section of the American Association for Justice! From all of us at PHP Law Firm, we congratulate you on this ...
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Your Wichita Attorneys for Delayed Diagnosis

Your Wichita Attorneys for Delayed Diagnosis

Time is of the utmost importance when you have a potential health issue. When a medical professional waits too long to diagnose a treatment due to negligence, it can be a form of medical malpractice. However, in order to ...
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Your Wichita Attorneys for Medical Malpractice Claims

Your Wichita Attorneys for Medical Malpractice Claims

When we are injured or sick, we depend on health care professionals to do everything in their power to make us well again. We trust that their expertise and specialized training will have a positive impact on our ...
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Your Medical Malpractice Attorneys for Nurse Understaffing

Your Medical Malpractice Attorneys for Nurse Understaffing

The responsibility of a hospital or clinic is to provide professional and sufficient treatment to patients, so they can recover from illness or injury. It should be the mission of health care professionals to do ...
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Your Medical Malpractice Attorneys for C-Section Malpractice

Your Medical Malpractice Attorneys for C-Section Malpractice

There are instances when a traditional birth is unsafe for the mother, infant or both. This is why a C-Section surgery is chosen by many mothers and physicians as an alternate procedure. The C-Section (or Cesarean ...
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Manufacturer Representatives Scrub in for Surgery

Manufacturer Representatives Scrub in for Surgery

Having an aortic stent-graft placed? Getting a knee replacement? Having spinal discs fused together with hardware? If so, there is a strong likelihood that there is someone in the operating room who is not an employee of ...
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Hospital Employees Broke the Rules

Hospital Employees Broke the Rules

In a medical malpractice case, plaintiff has the burden to prove: the applicable standard of care; that the health care provider deviated from the standard of care; and, the deviation caused and/or contributed to the ...
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Using Literature to Support Expert Testimony

Using Literature to Support Expert Testimony

While experience in a specific vocation is paramount to knowledge and sets the foundation of the opinions your expert will be offering, one must not lose sight that experience alone is not always the best teacher. ...
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Ethics of Discussing Client’s Medical Care

Ethics of Discussing Client’s Medical Care

In many cases, the mental or physical health of the client, or a family member of the client, will be in issue. Whether it be a personal injury case, a family law case involving custody disputes, a commitment proceeding, ...
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Factors Affecting Witness Credibility

Factors Affecting Witness Credibility

Exorbitant or excessive fees charged by experts for their work almost always trigger suspicions in a juror’s mind as to the expert motivation in providing expert testimony, especially when there are experts on both sides ...
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Rethinking ERISA Liens After McCutchen

Rethinking ERISA Liens After McCutchen

Did the proverbial door close to yet another group of citizens seeking to recover damages in a personal injury case following the recent decision by the United States Supreme Court in U.S. Airways, Inc. v. McCutchen? ...
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Tips for Examining an Expert Witness

Tips for Examining an Expert Witness

The initial attention span of jurors is said to be 30 seconds or less. When information is presented orally, people tend to recall 70% of the information within 3 hours of perception, while only 10% of it is recalled ...
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PHP Co-Ops with Rock Band Kansas for Tornado Shelter Fundraiser

PHP Co-Ops with Rock Band Kansas for Tornado Shelter Fundraiser

The residents at Wheatlands Health Care Center in Kingman, Kansas have nowhere to go when threatening weather is coming. They huddle in the main hallways against the wall with their pillows because they have no tornado ...
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Changes in Expert Disclosure Rules

Changes in Expert Disclosure Rules

For those of you who utilize expert witnesses in your practice, there has been a recent change in the disclosure requirements you need to make note of. House Bill No. 2473 was recently passed and will go into effect on ...
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ERISA Liens: Those Who Seek Equity Must Do Equity

ERISA Liens: Those Who Seek Equity Must Do Equity

Attorneys who practice in the area of personal injury know all to well the frustrations of negotiating ERISA liens. The frustrations began with the US Supreme Court’s decision in Sereboff v. Mid-Atlantic Medical ...
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Expert Witnesses — Use Analogies and Exhibits to Keep it Simple

Expert Witnesses — Use Analogies and Exhibits to Keep it Simple

The initial attention span of jurors is said to be 30 seconds or less. When information is presented orally, people tend to recall 70% of the information within 3 hours of reception, while only 10% of it is recalled ...
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Expert Witnesses: Tips on Avoiding Contradictions

Expert Witnesses: Tips on Avoiding Contradictions

Jurors actively and continuously assess the consistency of an expert witnesses’s testimony. Inconsistency tends to reduce the expert’s credibility with jurors. Things to watch out for in preparing the direct examination ...
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Tips on Day in the Life Videos

Tips on Day in the Life Videos

A “Day in the life” video is admissible in Kansas courts if it portrays normal, routine events of the victim’s daily living. It is a very powerful tool to demonstrate to a jury the nature and extent of a person’s injury ...
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Constitutionality of Non-Economic Damages – Appeal Update

Constitutionality of Non-Economic Damages – Appeal Update

In Amy C. Miller and Kevin Miller v. Carolyn N. Johnson, M.D., Docket No.99818, a physician removed the wrong ovary from a young mother during a surgical procedure to remove a diseased ovary. A jury awarded $400,000.00 ...
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Using Medical Textbooks for Impeachment

Using Medical Textbooks for Impeachment

Our firm has well over 1000 of the leading medical textbooks in its office covering almost all medical specialties. There is a good reason for that. Textbooks are not only a great source of information to “learn the ...
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Work With Us To Maximize Your Client’s Recovery

Work With Us To Maximize Your Client’s Recovery

Prochaska Howell & Prochaska accepts case referrals from attorneys everywhere in the United States. A large number of cases are referred by fellow practitioners throughout the state of Kansas. Whether you want to ...
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Winning with Demonstrative Evidence – Tips from the Trenches

Winning with Demonstrative Evidence – Tips from the Trenches

Using demonstrative evidence is one way to follow the KISS principle – Keep It Simple Stupid – and increase the chances of winning your case! How do you do it? Boil your case down to one simple, easy to understand ...
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Taking Medical Negligence Cases in Rural Kansas – Dispelling the Myth

Taking Medical Negligence Cases in Rural Kansas – Dispelling the Myth

Our firm litigates personal injury cases all over Kansas. This includes medical negligence cases in small communities and rural areas. There is a longstanding belief that jurors in small communities usually protect their ...
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Worth Noting – Using Experts to Reduce Medicaid Liens

Worth Noting – Using Experts to Reduce Medicaid Liens

Much has been written about Ahlborn and its application in personal injury cases wherein Medicaid has paid benefits. To further assist practitioners in reducing Medicaid liens, the Colorado U.S. District Court released ...
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Watch Out for the Employee Doctor – Notice of Claim Issues

Watch Out for the Employee Doctor – Notice of Claim Issues

Dr. Hurtem is working the emergency room at Kilsome County Hospital when he commits malpractice on a young man causing his death. After grieving for close to two years, the decedent’s wife comes to see you and asks you ...
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Non-Economic Cap Under Attack – Constitutionality Pending Before Supreme Court

Non-Economic Cap Under Attack – Constitutionality Pending Before Supreme Court

There is a major case pending before the Kansas Supreme Court seeking a ruling that the $250,000.00 cap on non-economic damages is unconstitutional. Amy C. Miller and Kevin Miller v. Carolyn N. Johnson, M.D., Docket No. ...
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Practice Pointers … Did you know?

Practice Pointers … Did you know?

Interrogatories, requests for production, and requests for admission may be served as an attachment to an e-mail in a commonly used word processor format. See Kan. Sup. Ct. Rule 135(c). This recent amendment would ...
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Saving Time and Money – Telephone Depositions

Saving Time and Money – Telephone Depositions

From the plaintiff’s perspective, there are many cases in which the lawsuit needs to be prosecuted in an economically feasible manner both time wise and financially if pursuing the lawsuit is going to be worthwhile. This ...
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Stroke Case Settles For $2 Million

Stroke Case Settles For $2 Million

Mandy, a 26 year old wife and mother of two young children, had symptoms of a stroke. She saw her family practice doctor who referred her to an imaging center for an MRI of the brain to rule out the possibility of a ...
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General Contractors Can Not Avoid Liability For Subcontractors Negligent Work

General Contractors Can Not Avoid Liability For Subcontractors Negligent Work

The firm recently settled a case involving a homeowner and his friend who hired subcontractors to complete a lake home project. Homeowner asked his retired friend to help him place a modular home on some lakefront ...
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Collateral Source Rule Still Undecided

Collateral Source Rule Still Undecided

Karen Martinez sustained injuries when she slipped and fell while shopping at defendant’s business. She suffered a back injury which required surgery and treatment causing her to incur medical bills totaling $70,498.15. ...
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Work With Us To Maximize Your Client’s Recovery

Work With Us To Maximize Your Client’s Recovery

Prochaska, Howell & Prochaska accept case referrals from attorneys everywhere in the United States. A large number of cases are referred by fellow practitioners throughout the state of Kansas. Whether you want to ...
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Prochaska, Howell & Prochaska Welcome New Associates

Prochaska, Howell & Prochaska Welcome New Associates

Derek Casey Derek, who recently joined the firm, has been in private practice in Wichita since his graduation from the University of Oklahoma College of Law in 1991. His work has taken him before state, federal and ...
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