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John L.A. Lyddane

In preparing to defend the medical malpractice case at trial, it is usually not the extent of injury which creates the most uncertainty for the defense. The adverse outcome of medical treatment is apparent from the records of treatment. What is less obvious and requires close attention is how it will be claimed that the defendants violated the standard of care in such a way as to cause the patient’s injury. In a case brought to trial 10 or more years after the alleged acts of negligence, it is especially important that the claims to be tried have been identified, investigated, and subject to complete discovery. It is the responsibility of defense counsel to see that claims as to which there has been insufficient notice and an inadequate opportunity to defend are not advanced at trial.

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