A personal injury hypothetical highlights the civil law issues that criminal defense lawyers should consider and how those issues can affect the criminal case. It also addresses the considerations for civil lawyers when confronting a matter with an ongoing, parallel criminal case that arises from the facts of the civil dispute.
Increased enforcement regarding set-aside arrangements is a given, so if you represent plaintiffs with personal injury claims, evaluate each case for Medicare Secondary Payer considerations. Failure to do so could leave clients with large financial obligations to the government and you with potential malpractice exposure.
A state appeals court has rejected a physician’s claim that another physician’s testimony about her standard of prenatal and delivery care should have been excluded at trial, concluding the testimony met the standard governing admissibility of expert test imony met the standard governing admissibility of expert testimony.