Part 1: Depositions of treating providers in a bilateral leg amputation medical negligence case

Am at a hospital.  Sitting on one side of a long table in a cafeteria.    With me is my partner Paul Whelan and paralegal Cheryl Baldwin.  Paul  has been handling medical negligence cases since I was in grade school.  He is my Yoda.  Cheryl screened this case and knows everything that I need to know.   Between the two of them, I'm covered.

Read More
Some defense lawyers can't be friends too...

Last week something unpleasant happened.

I lost a friend.  Not a great one.  But a friend nonetheless.

I met him when he was still a law student and was one of his mentors.  He clerked for our firm.   Then a bit later he worked with us for a year.  He stayed in our building after that, working for another lawyer who was renting an office from us.  We kept in touch.   His boss moved his office.  And we wished them well.  A bit later,  I heard  he had quit and decided to take a job with a defense firm.  No shame in that.  You gotta do what you gotta do.

Read More
Is this the biggest bozo move ever by a defense medical examiner

Before this happened, the dumbest thing I ever witnessed in a defense medical exam, was one of the doctors falling asleep.

It was a two doctor panel exam.  While the orthopedist was taking a history, the neurologist was reading a political thriller.  I thought that was bad enough until midway through.  His head was nodding and then jerking forward.  Like a puppet on a string held by Mr. Sandman.  Until he gave in.  Chin coming to rest on his chest.  At least he didn't snore.

Read More
Reminder or threat: an insurance company's intimidation tactics

Insurance companies cite the "duty to cooperate clause" when they are forcing the person they insure, to provide information.  If you don't give them the information they ask for, then they will maintain that the entire policy is void and you are not entitled to make any claim.   In this case, I'm the one who said no on behalf of my client their insurer - and in return they quoted the clause.

Here is what happened.

Read More
Karen Koehlerinsurance
Damages Opening Statement: catastrophic brain injury case

Both sides used extensive demonstrative exhibits during opening.  Basically we agreed that I could use what I wanted so long as they could use what they wanted.

The transcript is not very accurate (understatement).  The courtroom was video recorded.  If we wanted a quick transcript, at the end of the day  the bailiff would copy the recordings and provided them to a court reporter. The reporter would then transcribe from the videos with only moderate success.

Read More
Email smack down: dear defense lawyer - are you hoping our client will die

Prologue:

Adversarial litigation can  leave us feeling angry and indignant on behalf of our clients.  Someties we can turn our cheek.  Walk away.  Other times, we need to engage.  When we decide to strike back, we always need to remember to keep the court in mind. 

Written interchanges by mail or email have the potential to end up in a motion before the court. Retaliating to a bad email by throwing out a heated written slap is not a good idea.  It can end up as Exhibit A.

Read More
The Dreaded Colonoscopy

The past four days have involved a bit of whining.  I admit to this.

My clients stoically go through medical horrors.  Their family and friends often say:  they never complained.  They truly are heroes.

I on the other hand have made it one of my missions in life to tell it like it is.

Read More
Karen Koehlerlawyer life
Form of the day: client settlement annuity advice letter

When a personal injury case settles, we are still our client's lawyer.  This means we need to continue to look out for their best interests until our job is done.  Even if we are not financial planners or accountants, we cannot walk away without first trying to help our client make well informed decisions.  Maybe this is not our legal duty.  But it certainly is our moral one.

Read More
Hollyball or Bust

Prologue:  The best and worst outfit I ever wore to the Hollyball was when I was President of WSTLA. It was an election year.  We were fighting for the insurance fair conduct act.  And if you added to all that -raising my girls and handling my job...well....There was no time for shopping.

The theme was the Red Hot Hollyball.  And I was determined to do it right.   So a few days before the big event, I went online.  Promdresses.com or some such website. Found a red hot hollyball dress.

Read More