Posts tagged Worksite Injuries

  • Expert Witness Fees or Windfalls?

    Steve Klearman | March 23, 2007 6:52 AM | 2 CommentsReno, NV Category: Defective & Dangerous Products

    Nevada medical malpractice cases were put on the road to extinction several years ago by a voter-approved initiative that restricted lawsuits to such an extent that many attorneys stopped practicing in this area altogether.I still do and will continue to. But I've noticed that as medical malpractice lawsuits have become more limited, doctor's expert fees have continued to spiral. Several days...

  • Get Records from Nevada Doctors

    Steve Klearman | May 09, 2007 8:57 AM | 1 CommentReno, NV Category: Defective & Dangerous Products

    As I've pointed out many times now, there is a one-year statute of limitations in many Nevada medical malpractice cases.This means that if you request your medical records from your doctor, you should not let your doctor's office delay provision of records for more than a week or two.Undue delay in obtaining records could compromise your ability to bring your case. If you have problems getting...

  • How Private is Your Health Information?

    Steve Klearman | December 14, 2006 2:20 PM | 1 CommentReno, NV Category: Defective & Dangerous Products

    This will be an ongoing topic starting today. As a technology-obsessed attorney, our privacy as healthcare consumers interests (distresses) me.A recent example: I had a small, simple auto accident case in which my client was the passenger in a vehcle that was hit. Clear liability any way you look at it. My client broke bones. Her only medical claim related to those broken bones. ...

  • Evidentiary Privileges in Nevada

    Steve Klearman | November 30, 2006 8:59 AM | 1 CommentReno, NV Category: Defective & Dangerous Products

    The evidentiary concept of "privilege" protects certain types of disclosures in certain situations.NRS 49.015 provides, generally:49.015. Privileges recognized only as provided1. Except as otherwise required by the Constitution of theUnited States or of the State of Nevada, and except as provided inthis Title or Title 14 of NRS, no person has a privilege to:(a) Refuse to be a witness;(b) Refuse...

  • South Dakota Jail for Judges Initiative

    Steve Klearman | October 18, 2006 9:45 AM | 1 CommentReno, NV Category: Defective & Dangerous Products

    Ever wonder what sort of recourse you have against a judge?There's a fascinating and disturbing constitutional amendment on South Dakota's November ballot.Here's an editorial dated October 17, 2006 from the Press & Dakotan, which can be found at http://www.yankton.net/stories/101706/opEd_796101706.shtml:South Dakota's proposed Constitutional Amendment E -- the so-called J.A.I.L. amendment -- on...

  • When Doctors Are Not Listening

    Steve Klearman | March 24, 2006 7:25 AM | 1 CommentReno, NV Category: Medical Malpractice

    I like to tell my injury clients that their doctors are the most important witnesses in their cases.When a case is large or complex, I tell my clients that we can hire expert doctors, but treating doctors tend to have greater credibility with a jury since they 1) are not paid to provide opinions (even though most demand payment to testify); and 2) have actual "hands-on" contact with the...

  • Update on Nevada Allstate Attorney Misconduct Case

    Steve Klearman | February 14, 2008 10:00 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008.In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No. 1, the Court stated:On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four...

  • Deleted Emails and Production

    Steve Klearman | December 26, 2007 10:12 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    Ah the new and complicated world of how email production is handled by courts.Scott Roseland, at cybercontrols (www.cybercontrols.net), cites to Benton v. Dlorah, Inc., 2007 U.S. Dist. D. Kan, Oct. 30, 2007. There, the plaintiff informed defendant at her deposition that she had deleted e-mails, and defendant filed a motion to compel plaintiff to produce relevant documents, to produce her hard...

  • More Wierdness in Mack Trial

    Steve Klearman | November 30, 2007 8:07 AM | 0 CommentsReno, NV Category: Workplace Injuries

    Yes, more wierdness in a case that's had it's share. First, Mack stabs his wife to death and shoots a judge (always the best way to endear oneself to the legal community about to determine your fate).Darren Mack flees, he's talked into coming back by the D.A. (of all people).Darren Mack pleads guilty (before putting on a defense); now he's changed his mind, fired attorney Scott Freeman (Mack...

  • Insurance Industry Hit With $11 Million Failure

    Steve Klearman | November 23, 2007 3:36 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products

    The insurance industry's $11 million bellyflop against Referendum 67 was an election bright spot for ruling Democrats, who otherwise took their lumps from a frugal electorate that sent establishment ideas packing. According to Curt Woodward, writing for the AP, the referendum, which allows triple damages in lawsuits alleging bad faith by insurance companies, spawned a lively campaign pitting the...

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