By Dr. Ken Broda Bahm: Artificial Intelligence (AI) continues to evolve and to incorporate its way into our lives. Versions of AI now routinely tell Americans where to eat, what routes to take, and what movies to watch. Artificial Intelligence is also making in-roads into medical decision-making, as diagnosis and treatment recommendations become more personalized. That has […]
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By Dr. Ken Broda Bahm: As the national and international coronavirus crisis is still moving toward its peak, one of the few bright spots has been hearing about the daily acts of support for the many medical professionals who are on the front lines of combat. People and restaurants have been cooking and donating meals, factories
Expect Some Favoritism for Those on the Front Lines Read More »
By Dr. Ken Broda Bahm: About once every other month, I will present at a seminar for doctors and other medical professionals. They attend because they’ve been sued and they’re learning how to cope with their newfound role in the legal process. At one point in the seminar, a psychiatrist presenting on litigation stress will usually
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By Dr. Ken Broda Bahm: There’s a logical reaction when one hears about some of the claims that end up as the basis for a medical malpractice claim. That reaction might go something like this: So the injury that the plaintiff complains of, that’s a known complication, isn’t it?
Emphasize Participation in Informed Consent Read More »
By Dr. Ken Broda Bahm: A few days ago, after the National Rifle Association got wind of a new issue of Annals of Internal Medicine which included several articles on gun control, the organization tweeted back at the doctors: “Someone should tell self-important anti-gun doctors to stay in their lane.” Once various other conservative commentators jumped aboard, the
Stay in Your Lane (But Own That Lane) Read More »
By Dr. Ken Broda Bahm: I have had a long-running interest in Don Keenan and David Ball’s perspective on plaintiffs’ trial and discovery advocacy called “The Reptile,” the notion that one can motivate jurors to side with a plaintiff by tapping into the tendency of the primordial reptile brain to flee from threats and gravitate
Be Craftier than the Snake: Observations from DRI’s 2018 ‘Reptile’ Seminar Read More »
By Dr. Ken Broda Bahm: Those of us who work at the task of conducting and preparing for trials likely have a different view of the American jury than those who don’t. Where critics might see jurors as emotionally-driven, capricious, and hopelessly out of their element, we, based on our experience, are more likely to
Keep the Jury in Medical Malpractice Trials Read More »
By Dr. Ken Broda Bahm: At a recent witness preparation meeting, the doctor-defendant sat struggling to recall the details of an informed consent discussion she had with the plaintiff. “I think I told him…” she began, before finishing the statement with, “…Do you know how many patients I see? I really cannot remember.” The medical
Rely on Standard Practice Read More »
By Dr. Ken Broda Bahm: A popular focus in the polling for the presidential race right now is to ask about the various potential general election match-ups: What if it was Clinton versus Trump? Or Sanders versus Cruz? Clinton versus Rubio? Sanders versus Bush? As often as we hear that kind of data, professional pollsters
Be Realistic About Hypothetical Questions: Four Ways to Answer Read More »
By Dr. Ken Broda Bahm: Attorneys know that, in the public’s eye, the profession isn’t winning any popularity contests. In a Gallup poll last year, only 21 percent rated lawyers’ ethics as “high” (16 percent) or “very high” (5 percent). This compares to 80 percent who say nurses’ ethics are high and 65 percent who say the
Account for Anti-Lawyer Bias in Legal Malpractice Trials Read More »