Archive for Ethical Issues

Are Settlements Today the Way to Justice?

I have been in the field for too long to know when justice is being served the right way and when justice is being served just to shut somebody up. Case in point, I remember a case of medical malpractice a couple of years ago that my firm and I handled. The client, the deceased patient’s wife, sued the hospital because she believed that her husband’s death was due to negligence and complacency. Naturally, we wanted the hospital to fire the doctor and make them lose a lot of their privileges as a hospital because the evidence already proved their mistakes.

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Somehow, a settlement was made to pay up for the damages (amounting to millions of dollars) for our client. She reluctantly agreed to it, even though we counselled against it. not long after that, the hospital was sued again for malpractice. This time it was another client and another firm that handled it, but news from our local sources say that the hospital paid up a huge amount of money to keep everything a secret. The client agreed to millions of dollars in settlement and the hospital carried on again. I have yet to hear about any medical malpractice case from them.

If you don’t like to settle, work with our firm. We make sure that you get the justice that you deserve, and the justice that you deserve is not convertible to cash.

Ethical Issues for an Expert Witness

EthicsMost of us understand wrong from right. At least, we know standard societal norms, and that punishments exist for doing things that are wrong. Punishments for unethical conduct as an expert witness can contain jail time or fines. Less severe ethical breaches can lead to inadmissible testimony, the loss of your reputation, and the loss of future jobs.

If the side that selected you represents the proverbial ‘bad guy,’ then your work may help the wrong side, at least from an ethical or moral perspective. You may feel better about helping the right side, but your investigations and analysis should remain the same regardless of the side you represent. Your goal is to determine the pluses and minuses that you find out from your tests or research and inform your retaining attorney. Your investigations and analysis should help guide the attorneys who selected you toward better legal decisions. Let them decide the best way to use your findings.

Frequently, you will not know whose side in a case has more merit until you’ve reviewed the documents and can come to firm opinions about what has happened. sometimes, you’ll discover that defendants have lied to their attorney.