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    medical negligence

    Explore " medical negligence" with insightful episodes like "Discovering Dr. Death with Catherine “Katie” Bertram", "Mastering the Ability to Try High Impact Cases with Jim Leventhal", "Winning Trials in Conservative Venues with Tom Keefe", "Genesis Amaris Kemp | Caregiving, Covid, and Corporate Grief" and "Supreme Court on Medical Negligence" from podcasts like ""Elawvate", "Elawvate", "Elawvate", "Grieving Voices" and "Legal Talks by Desikanoon"" and more!

    Episodes (12)

    Discovering Dr. Death with Catherine “Katie” Bertram

    Discovering Dr. Death with Catherine “Katie” Bertram

    We’ve all heard the stories of doctors who cause harm to patients by systematically performing medically unnecessary procedures, just to line their own pockets.  These circumstances rise to a level beyond ordinary medical negligence to fraud or criminal acts.  However, when we litigate individual medical malpractice cases, the rules of discovery and evidence can pose barriers that make it difficult to determine whether a client’s experience reflects a larger pattern and practice by the doctor and the medical business.  Join us for our discussion with Washington, DC trial lawyer, Katie Bertram, as she tells the story of a case in which she was able to show this larger pattern of a doctor performing medically unnecessary medical procedures in an out-patient surgery center setting that provides very few checks and balances on this type of rogue behavior.

     

    About Catherine "Katie" Bertram

     

    Website: https://www.blg-dc.com/

     

    Catherine D. “Katie” Bertram started the Bertram & Murphy, building on decades of experience as both a medical malpractice attorney and director of risk management at Georgetown University Hospital.

     

    In those environments, she learned how doctors and hospitals work, as well as how their attorneys assess claims against them. She draws on this knowledge to advocate for patients and their families.

     

    “People want someone who’s competent, caring, and careful. They’ve just gone through the worst thing in their lives and been betrayed by doctors or a hospital — people that we’re supposed to trust,” she said. “I can set forth what happened and why it was negligent.”

     

    Bertram graduated from the University of Wisconsin-Madison with a bachelor’s degree in psychology and a Bachelor of Social Work. While accompanying a social worker to court one day, she found her true passion—the law. “The minute I walked into court, I knew that’s what I should be doing,” she said.

     

    She obtained her law degree from the Catholic University of America’s Columbus School of Law in Washington, D.C., in 1989, becoming the first lawyer in her family. The faculty nominated her as Woman Law Student of the Year.

     

    Bertram focuses on personal injury and medical malpractice in part because her mother is a nurse. “It allows me to combine the law and medicine,” she said. “I enjoy talking to juries and teaching them about complicated medical cases in an easier way.”

     

    Bertram has achieved several distinctions throughout her career. She is one of 20 people serving on the D.C. Bar’s Board of Governors and also is a board member of the D.C. Bar Pro Bono Center, which finds lawyers to meet the legal needs of D.C.’s low-income residents, nonprofits, and small businesses.

     

    She’s been an adjunct law professor at American University’s Washington College of Law since 2013, teaching a course about medical malpractice. Among her charitable work, she is an active supporter of Public Citizen, the nonprofit consumer advocacy organization, and a founding member of the Washington, D.C., charity Power 100. She also sews quilts for military veterans through the Quilts of Valor Foundation.

     

    Licensed to practice in Washington, D.C., and in Maryland, Bertram has a notable record of favorable verdicts. In 2017, she won $8 million on behalf of her clients against Edward Dunne, M.D., and Foxhall Urology, and in 2018, she won a $1.25 million verdict against Capital Women’s Care and others for negligence and negligent infliction of emotional distress.

     

    But even though she and her firm have a strong track record, she and Heather J. Kelly also work hard to settle cases in their clients’ best interests. If they’re able to reach a settlement before formally filing the case, they’ll lower their fees.

     

    A third-generation Washingtonian, Bertram enjoys spending time with her family and on the Chesapeake Bay when not in court.

     

    She’s proud of the individualized attention that the Bertram & Murphy provides.

     

    “I can limit the number of cases I take so I can work very hard on each case,” Bertram said. “We have the time and the creativity and the resources and the technology and the verdicts behind us like we’re a big firm, but you don’t deal with layers and layers of people. You’re getting the A team.”

    Mastering the Ability to Try High Impact Cases with Jim Leventhal

    Mastering the Ability to Try High Impact Cases with Jim Leventhal

    Episode Summary

     

    Few lawyers have succeeded in building and trying more complex, high impact cases than Colorado-based trial lawyer, Jim Leventhal.  Join Ben (www.gideonasen.com) for his in-depth discussion with Jim, beginning from Jim’s early days working in the public defender's office while moonlighting in his father’s clothing store, to his journey building one of the most successful plaintiff’s firms in the county.  Learn how Jim’s journey included investigating and trying many significant and ground-breaking cases which have changed the legal and medical landscape and made the world a safer place for all patients. 

     

    About Jim Leventhal

     

    JIM LEVENTHAL is devoted to helping and improving the quality of life of the clients he serves by putting the interests of the client first. This emphasis on achieving the best possible result for his clients is reflected in Jim’s recognition as one of the Best Lawyers in Colorado and the United States. As the founder of Leventhal Puga Braley P.C. Jim has worked diligently for over 41 years in cases involving medical negligence and serious personal injury, fighting relentlessly to ensure that people receive justice. 

     

    Jim Leventhal’s Cross-Examination of an Adverse Party: Complete Transcript

    https://www.patrickmalonelaw.com/useful-information/legal-resources/attorneys/legal-resources-attorneys-injured-clients/cross-examination-transcripts/leventhal-jim-adverse-examination-of-a-defendant-doctor-in-a-medical-malpractice-case/

     

    Winning Trials in Conservative Venues with Tom Keefe

    Winning Trials in Conservative Venues with Tom Keefe

    Join Ben (www.gideonasen.com) for his conversation with the insightful, brilliant, and always irreverent trial lawyer, Tom Keefe.  Ben and Tom discuss Tom’s journey from childhood, where he grew up the son of a successful worker’s compensation lawyer, to his current status as one of the most successful plaintiff’s trial lawyers in Illinois.  Tom talks about strategies he uses to connect with jurors in the deeply red, conservative venues of Illinois where he tries many of his cases.  

     

    About Tom Keefe

    Tom Keefe, Jr. has been handling high stakes complex lawsuits on behalf of plaintiffs for nearly 40 years. He has compiled a remarkable record including more than 200 verdicts, judgments and settlements in excess of $1,000,000, and more than 20 of those in excess of $10,000,000. His clients have been compensated more than three-quarters of a billion dollars in cases ranging from medical negligence to products liability to vehicle and truck accidents to construction injuries to claims against railroads. He is relentless.

     

    Tom is consistently named as one of America’s top lawyers and has been a Super Lawyer since 2007 through the present.  For nearly a decade, his peers have voted him the best Downstate Lawyer, and among the Top 10 of all lawyers, in the State of Illinois. He has received Martindale Hubbell’s highest rating for more than 30 years.  Most notably, he is a member of the Inner Circle of Advocates, an invitation-only group of 100 of the best plaintiff lawyers in the United States.

     

    He has given hundreds of lectures and presentations and written extensively. He has been the recipient of numerous honors including the Madison County Record Person of the Year, the Richard Hudlin Memorial Award, and the Leonard Ring Award.  He and his late wife Rita have long been active philanthropists and tireless supporters of social justice.

    Genesis Amaris Kemp | Caregiving, Covid, and Corporate Grief

    Genesis Amaris Kemp | Caregiving, Covid, and Corporate Grief

    Grief is cumulative, and it's cumulatively negative. Every loss we experience stacks on top of those before it. For Genesis Amaris Kemp, attending funerals started becoming a regular occurrence. Add the loss of loved ones before the Covid pandemic (and during) to the loss of a job during the same timeframe, and it can be challenging to find solid footing. Additionally, learning, for the first time, how to advocate for a parent in the healthcare system posed its challenges during this same period.

    Genesis's father walked into a hospital with elevated blood sugar. Three days later, he was paralyzed from the waist down, which was later identified to have occurred from a stroke. Additionally, he endured several other complications during his hospital stay that later caused a quick decline in health and, soon after, his death. 

    Trying to be a caregiver during Covid proved to show the disparity and gaps in the healthcare system. In addition to the losses she endured during the pandemic, she also was laid off from her corporate job in oil and gas. Genesis shares her experience of being a young black woman in a predominantly older white demographic of employment, describing that experience and sharing how one conversation with the company VP, and the experience as a whole, was empowering, heartbreaking, and eye-opening all at the same time.

    The Covid Pandemic showed us where we have a lot of work and repair to do within the healthcare system and how we live and work as a society. Genesis shares the lessons she learned during this timeframe and how she's become impassioned in serving others with what she's learned.

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    Supreme Court on Medical Negligence

    Supreme Court on Medical Negligence

    Today, I will discuss the case of Dr. Harish Kumar Khurana v. Joginder Singh & Others, 2021 SCC OnLine SC 673, wherein the Hon’ble Supreme Court discussed about the basic principles that a Court ought to keep in mind while deciding cases relating to medical negligence.

    To know more about it, please visit https://www.desikanoon.co.in/2021/09/medical-negligence-2021.html

    To read more on Medical Negligence, please visit the following links: -

    https://www.desikanoon.co.in/2012/08/judicial-interpretation-of-medical.html

    https://www.desikanoon.co.in/2019/05/nand-kishore-mohib-medical-negligence-doctor-compensation-ncdrc-patna-.html

    https://www.desikanoon.co.in/2013/10/latest-supreme-court-judgment-on.html

    https://www.desikanoon.co.in/2013/10/latest-supreme-court-judgment-on_27.html

    Telegram: https://t.me/Legal_Talks_by_DesiKanoon

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    Credits:

     Music by Wataboi from Pixabay 

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    Laura tells Margot's story

    Laura tells Margot's story

    Each week I am joined by a bereaved parent to discuss baby loss, neonatal death, stillbirth, miscarriage, ectopic pregnancy, molar pregnancy and other issues related to pregnancy resulting in a loss. We will discuss other complications that may have left a devastating affect both physically and emotionally.

    Today I am joined by my new friend Laura who tells the story of her daughter Margot. Margot was born after her due date in May 2020. After complications in labour Margot spent 3 days in NICU, sadly Laura and Craig made the decision to turn off Margot's life support machine and say goodnight to their little girl. 

    Becki tells Myles' story

    Becki tells Myles' story

    Each week I am joined by a bereaved parent to discuss baby loss, neonatal death, stillbirth, miscarriage, ectopic pregnancy, molar pregnancy and other issues related to pregnancy resulting in a loss. We will discuss other complications  that may have left a devastating affect both physically and emotionally.

    This week I talk to my friend Becki who lost her son Myles at 22 weeks pregnant whilst on holiday in Cyprus. Becki talks about the days leading up to Myles' birth, the hospital treatment she received, leaving Cyprus and his repatriation. 

    Debrief - Episode 6: DOLS and False Imprisonment

    Debrief - Episode 6: DOLS and False Imprisonment

    In this episode of Debrief, Nigel Poole QC is joined by Sam Karim QC and Francesca P. Gardner to discuss the recent fascinating case of Esegbona v King’s College Hospital NHS Foundation Trust [2019] EWHC 77 (QB). Nigel, Sam and Francesca draw together their expertise in Clinical Negligence, Court of Protection and Deprivation of Liberty to discuss the interesting decision in this case. 

    Debrief - Episode 4: Negligence Claims Arising Out of Psychiatric Care

    Debrief - Episode 4: Negligence Claims Arising Out of Psychiatric Care

    Stephen McNamara talks with Nigel Poole QC about claims for damages for allegedly negligent psychiatric care.  These claims may arise out of care given to patients in psychiatric units, care in the community, or care given in other healthcare settings such as A&E.  What are the common features of such claims, and what challenges do they present for litigants and their advisers? 

    Debrief - Episode 3: The Role of the Coroner

    Debrief - Episode 3: The Role of the Coroner

    Rachel Galloway, Assistant Coroner, talks with Nigel Poole QC about the role of the Coroner, with a focus on Inquests into deaths in a healthcare setting.  These Inquests can involve complex medical evidence, and concerns about the care given to the deceased.  How are these deaths investigated?  Who is the Coroner and how are they appointed?  What is the Coroner’s role and how is it determined which deaths are investigated and which are not?  What questions have to be answered at an Inquest?  What is an article 2 Inquest?  What conclusions may a Coroner reach? 
     
    The discussion in this episode covers issues of how evidence is gathered for an Inquest, including documentary, witness and expert evidence; who is an interested party; and when is an Inquest held with a jury.

    Debrief - Episode 2: Consent After Montgomery

    Debrief - Episode 2: Consent After Montgomery

    Debrief aims to analyse recent important developments in clinical negligence and healthcare law. It is intended for lawyers and non-lawyers alike. 

    In Episode One we discussed the recent Supreme Court decision in Darnley v Croydon Healthcare.

    In Episode Two we look at judicial decisions on consent to treatment in the aftermath of the landmark Supreme Court decision in Montgomery v Lanarkshire. How has the law on consent to treatment moved on since Montgomery? What risks should a healthcare professional discuss with a patient in order to obtain their informed consent to treatment? What alternatives to any proposed treatment should they raise with the patient? When and in what circumstances should these discussions take place?

    Nigel Poole QC, Helen Mulholland and Richard Borrett will be discussing the cases of Webster v Burton, Duce v Worcester Acute Hospitals NHS Trust, and Thefaut v Johnston, amongst others, and considering the practical implications of this developing area of clinical negligence for both doctors and patients. 

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