Advising Clients about Facebook and Twitter

The Tennessee Bar Journal has an insightful article this month about new challenges for lawyers arising out of technology, and the potential collateral damage to their clients’ cases as result of social media like Facebook and Twitter.  Indeed, litigation has always meant that your clients were going to be under scrutiny from their adversaries; however, the ease and widespread use of Facebook and Twitter has vastly changed the rules of the game.

These days, social media is a virtually free and easy database for investigators and adversaries seeking information about clients.  And the informality and ease with which people interact and share information on Facebook and Twitter can often provide fodder for someone looking for ammunition — possibly even to mislead/distort.

Technology is a challenge, and lawyers must be technically savvy enough to be familiar with how social media works so that they discuss these issue intelligently with their clients in order to provide sound advice.

 … Read the rest

News: Pharmacy Mistakenly Gives Abortion Drug to Pregnant Woman

News: Pharmacy Mistakenly Gives Abortion Drug to Pregnant Woman

News outlets are reporting today that a pharmacy in Denver mistakenly filled a pregnant woman’s prescription with methotrexate, which is a chemotherapy drug that is also used for early-stage pregnancy termination.  There is now a chance that she might lose her unborn child.

Unfortunately, as we’ve blogged about before, pharmacy mix-ups are much more common than you might realize.  In fact, our firm has represented multiple plaintiffs in cases involving serious medication errors by national pharmacy chains.

To be safe, you should always take steps to protect yourself.  Resolve to be a responsible partner in your own healthcare, and communicate with your pharmacist and other healthcare providers. Ask questions if necessary, and stay vigilant about your medications. Know what your pills are supposed to look like, and what your dosage is supposed to be.

For all new medications or medications you are not familiar with, be sure to utilize helpful online “pill identification” tools to confirm that you are taking the right pills.  You can find links on our Blog … Read the rest

Patterson quoted in Memphis Commercial Appeal regarding Municipal School Districts

Memphis Commercial Appeal regarding Municipal School Districts

Chris Patterson was quoted today in the Memphis Commercial Appeal in connection with potential new educational options being considered by the state legislature in the wake of the debate on the Memphis City Schools charter surrender.

Several Shelby County municipalities are studying the possibility of establishing their own municipal districts, and Patterson was quoted in regard to the potential impact on Oakland, TN.  Patterson Bray serves as counsel to the Town of Oakland, and Patterson is monitoring the various options that may be “in play” for the Town as the debate in Shelby County moves forward.

The newspaper quoted Patterson as follows:

The monitoring of potential state legislation is not limited to Shelby County. Chris Patterson, attorney for Oakland in Fayette County, said the city doesn’t want to be left out of any discussion about new school districts. He said officials are preparing a 20-year growth plan, and the Memphis school situation could affect Oakland.

“There will be some level of exodus, no matter what the result,” Patterson said. “… Oakland wants to … Read the rest

CNN Report: Study Shows Surgery Mix-ups More Common Than You Might Think

Study Shows Surgery Mix-ups More Common Than You Might Think

“Unthinkable errors by doctors and surgeons — such as amputating the wrong leg or removing organs from the wrong patient — occur more frequently than previously believed, a new study suggests.  …  Catastrophic surgical errors are ‘a lot more common than the public thinks,’ says Dr. Martin Makary, M.D., a professor of surgery and public health at Johns Hopkins University, in Baltimore.”

“One of the worst cases I saw in this study was two patients who had had prostate biopsies,” [lead researcher Dr. Philip] Stahel says. “One had cancer and one did not. Clinicians mixed up the samples and the patient without cancer had a radical prostatectomy — which is a huge surgery, removal of an organ for nothing — while the patient with cancer [was] still walking out in the community, not knowing his true diagnosis.”

Here at Patterson Bray, we recently handled a similar type case.  We represented a client who ultimately settled her case for over $1 million after her radiological studies were erroneously mixed up by … Read the rest

Reminder for Estimated Tax Filers (Self-employed, etc.)

Reminder for Estimated Tax Filers

For all you estimated tax filers, here’s a friendly reminder that your next payment (using Form 1040-ES) is due this next Wednesday, September 15th.

NOTE:  Estimated taxes are generally paid by self-employed persons, although others are potentially required to file.  According to the IRS website instructions: “Estimated tax is the method used to pay tax on income that is not subject to withholding. This includes income from self-employment, interest, dividends, alimony, rent, gains from the sale of assets, prizes and awards. You also may have to pay estimated tax if the amount of income tax being withheld from your salary, pension, or other income is not enough.”… Read the rest

Interesting Medical Malpractice Series from Local Doctor

Medical Malpractice Series

The Memphis Commercial Appeal had an interesting two-part series about medical malpractice lawsuits written by a local doctor and regular columnist, Dr. Manoj Jain.  He wrote the article from the perspective of recognizing the need for the accountability provided by our medical malpractice system vs. just having had one of his patients send him notice of potential malpractice claim.

While I don’t agree with everything he writes in the two columns, Dr. Jain provides unusually thoughtful, balanced insight for a doctor who is hardly a neutral observer in the fray.  Indeed, he ultimately concludes that the most effective tort reform is simply this: better care and communication by doctors.

How refreshing.  And well worth the read.

Part 1: Threat of Malpractice Lawsuits Means Medicine is a Balancing Act

Part 2: Good Doctor-Patient Relationship Reduces Lawsuits

FYI: Jain also previously wrote an article in 2007 about medical errors and the need for lawyers and lawsuits to hold doctors accountable.… Read the rest

How to Detect Non-Answers

How to Detect Non-Answers

Over the past week or so, I’ve touched on the theme of lying.  First, I posted about an interesting question raised over at the Winning Trial Advocacy Tips blog: Should A Lawyer Call a Witness a “Liar” on the Stand? Second, over at my personal blog (Random Thoughts), I posted yesterday about a link at The Art of Manliness blog titled How to Become a Human Lie Detector.

Well, today I wanted to point you to yet another great blog post over at the Winning Trial Advocacy Tips blog: How to Detect “Non-Answers” During Cross-Examination — although these principles work equally well outside the courtroom in everyday life as well.

Here are the “non-answers” as categorized and demonstrated over at the Winning Trial Advocacy Tips blog:

Non-Answer #1: Completely Avoiding the Issue

Q: Does this skirt make me look fat?
A: I love you.

Non-Answer #2: Describing Expected Procedures

Q: Did you request a CAT-scan?
A: It’s normal procedure to request a CAT-scan in those circumstances.

Non-Answer #3: Saying What You Will Do or Hope to … Read the rest

The Consequences of Crime and Punishment

The Consequences of Crime and Punishment

There was a good article in the April 2010 edition of the Tennessee Bar Journal by Nashville attorney Vincent P. Wyatt titled Crime and Punishment…and Punishment.

While none of the lawyers at Patterson Bray practice in the area of criminal law, the article is nonetheless pertinent to many civil lawyers (as well as the public at large) in that it focuses not on criminal law per se, but rather on the various civil consequences of having a conviction on your record.

For example, there are apparently tons of jobs in Tennessee that require licensure that be jeopardized or denied based on a relatively minor conviction — many of them you would dream of!  Things like being a private investigator, midwife, barber, locksmith, real estate appraiser, lottery retailer, or land surveyor.

Other possible consequences can include the loss of state pension eligibility, loss of voting rights, inability to carry a firearm (per federal law), revocation or ineligibility for a passport, and loss of eligibility for public housing, student loans, and/or food stamps.  Conviction is … Read the rest

Perspectives — Should You Call a Witness a ‘Liar’?

Should You Call a Witness a ‘Liar’?

I follow the Winning Trial Advocacy Tips blog, and recently there was a gem of a post titled Should You Call a Witness a ‘Liar’?  It was particularly interesting because it combined two of my favorite topics: trial practice and Star Wars.

You’ll have to click the link to see the Star Wars connection (I can’t give it all away, now can I?), but here’s the takeaway idea for lawyers, and for those clients who are waiting for the ever-elusive “Perry Mason moment” during trial:

Just because the witness says something that you can prove is false, does that mean the witness is lying? Maybe, maybe not. But even if he is, before you bring out the heavy ammunition, ask yourself if you really want to drop the “L” word on your jury.

You don’t necessarily need the jurors to think the witness is lying, do you? All you really need is for them to disregard his testimony, right? It doesn’t matter why they disregard it, just so long as they do. So

Conversation with a Doctor Who Wanted to file Malpractice Suit

Conversation with a Doctor Who Wanted to file Malpractice Suit

John Day is one of the most well-known medical malpractice attorneys in Tennessee.  He is also one of the leaders in our profession when it comes to exploding the myths and misimpressions that underlie much of society’s false assumptions about medical malpractice lawsuits.

In his blog post today over at Day on Torts, John details a conversation he had with a doctor who came in wanting to file a medical malpractice action in connection with the wrongful death of his father.  The conversation (and John’s commentary) is quite enlightening, and it details quite nicely the challenges, risks, and assumptions that must be overcome by lawyers and/or litigants in this arena.  I highly recommend taking a few moments to read it.… Read the rest