Make or Break Medical Issues in Litigation

Friday, May 9, 2008
Oregon Convention Center
777 NE Martin Luther King, Jr. Blvd.
Portland, Oregon
6.5 MCLE Credits

ABOUT THIS PROGRAM

Another in a series begun by the late Hon. Robert P. Jones designed to educate trial lawyers on medical issues. This program is dedicated to the memory of Judge Jones in appreciation for his devotion to continuing legal education in Oregon and for his efforts in fostering cooperation between the medical profession and practicing bar.

Experienced trial lawyers, trial judges, a supreme court justice, and two physicians will share their unique experiences in handling medical malpractice cases. This program is designed to help both seasoned veterans and newer lawyers with some of the more difficult, yet frequently encountered issues facing plaintiff and defense lawyers handling medical negligence cases, from intake of cases to paying medical liens after trial or settlement.

SCHEDULE

8:25 - Welcome and Introduction

8:30 - 9:15 - Medical Malpractice Dockets: The Ins and Outs
• Which cases qualify
• The Multnomah County process
• The Lane County approach
– Hon. Jean Kerr Maurer, Multnomah County Circuit Court
– Hon. Jerry B. Hodson, Multnomah County Circuit Court
– Hon. Karsten H. Rasmussen, Lane County Circuit Court

9:15 - 10:00 - Do I Have a Case?
• Determining which medical malpractice cases should be filed
• View from the bench: mistakes made in trial that turned juries off
John M. Coletti, Paulson Coletti Trial Attorneys PC
– Hon. Lyle C. Velure, Senior Judge, Engaged in the Private Practice of ADR

10:00 - 10:15 - Break

10:15 - 11:30 - Selecting, Hiring, and Working with a Medical Expert
• The “do’s” and “don’ts” of selecting, contacting, and preparing medical experts
• Records/materials provided
• Effective techniques in questioning medical experts
• Expert’s perspective on working with lawyers
Moderator: Kelly A. Giampa, Hoffman Hart & Wagner LLP
– Linn Golberg, M.D., Professor of Medicine, Head of the Division of Health Promotion and Sports Medicine, Director of the Human Performance Laboratory, OHSU
– James P. Martin, Hoffman Hart & Wagner LLP
– David K. Miller, Miller & Wagner LLP

11:30 - 12:00 - Trends Impacting Litigation of Cases Involving Medical Issues
• Recent appellate cases and their impact on existing law
– Michael T. Stone, Brisbee & Stockton, LLC

12:00 - 1:00 - Lunch (on your own)

1:00 - 2:15 - Interviewing Treating Physicians: State ex rel Grimm v. Ashmanskas – Where Are We Now?
• Origin of the species (how did all of this get started?)
• The Supreme Court’s decision (privilege at play)
• How the practice has evolved (can't we all just get along?)
• HIPAA strikes (confirmation or preemption)
• What do we do now (and who is going to tell us?)
Moderator: Hon. Henry Kantor, Multnomah County Circuit Court
– Hon. Donald C. Ashmankas, Retired, US Magistrate Judge
– Robert M. Keating, Keating Jones Hughes PC
– Richard A. Lane, Lawrence Wobbrock PC
– D. Lawrence Wobbrock, Lawrence Wobbrock PC

2:15 - 2:45 - Mandamus Demystified
• How to get your case heard
• What factors does the Court consider?
– Hon. Thomas A. Balmer, Oregon Supreme Court
– Roy Pulvers, Hinshaw & Culbertson LLP

2:45 - 3:00 - Break

3:00 - 4:00 - Medical Expenses
• Limitations on proof and recovery of medical expenses at trial
• Issues in third-party repayment
– Oregon Health Plan
– Medicare
– Private insurance
Moderator: Robert H. Beatty-Walters, Law Offices of Robert Beatty-Walters
– Stephen C. Hendricks, Hendricks & Whitney-Smith LLP
– Lindsey H. Hughes, Keating Jones Hughes PC

4:00 - Adjourn

Tuition

(Tuition includes refreshments and course materials, and applies to both live and video replay.)

Video Replay Dates & Locations

Bend – 5/23/08
Bryant Lovlien & Jarvis
591 Mill View Way

Eugene – 5/16/08
Harrang Long Gary & Rudnick, P.C.
360 East 10th Avenue, Ste. 300

Medford – 5/16/08
Kellington Krack Richmond Blackhurst & Glatte LLP
23 Newtown Street

Portland – 5/28/08
Oregon Law Institute
Gus J. Solomon Courthouse
620 S.W. Main St., Suite 706