LITIGATION: LITIGATION:
CONTROL OR BE CONTROLLEDCONTROL OR BE CONTROLLED
A Proactive ApproachA Proactive Approach
Presented By:Presented By:
Gregory R. TravisGregory R. TravisThe Travis Law Firm, P.C.The Travis Law Firm, P.C.
1150 Galleria Financial Center1150 Galleria Financial Center5075 Westheimer5075 Westheimer
Houston, Texas 77056Houston, Texas 77056
104104THTH AAO Annual Session AAO Annual Session
Monday, May 3, 2004Monday, May 3, 2004
How Litigation Affects YouHow Litigation Affects You PhysicallyPhysically
MentallyMentally
EmotionallyEmotionally
How Litigation Affects How Litigation Affects Your BusinessYour Business
GenerallyGenerally
EmployeesEmployees
ReputationReputation
How to Approach How to Approach Litigation Mentally to Litigation Mentally to
Overcome or Minimize Overcome or Minimize These EffectsThese Effects
Take Control of YourselfTake Control of Yourself
Take Control of Your OfficeTake Control of Your Office
Take Control of the Take Control of the SituationSituation
Reasons for Lawsuits:Reasons for Lawsuits: Refund Case/Fee ReturnRefund Case/Fee Return Bedside Manner: AttitudeBedside Manner: Attitude MiscommunicationsMiscommunications Informed ConsentInformed Consent ExpectationsExpectations Required PerfectionRequired Perfection Crazy Client: Screen, Refer & Crazy Client: Screen, Refer &
AvoidAvoid True Mistake: E&OTrue Mistake: E&O
Prevention of Litigation:Prevention of Litigation:
The Practice ItselfThe Practice Itself Records – Accurate and LegibleRecords – Accurate and Legible Informed Consent Informed Consent
-Doctor/Patient Relationship -Doctor/Patient Relationship -Doctor Did Not -Doctor Did Not Inform Patient of Risk Associated Inform Patient of Risk Associated with Procedure -with Procedure -Undisclosed Risk Occurred Undisclosed Risk Occurred -Undisclosed Risk Proximately -Undisclosed Risk Proximately Caused by DoctorCaused by Doctor
Prevention of Litigation:Prevention of Litigation:
Informed Patient/FamilyInformed Patient/Family Personality & AttitudePersonality & Attitude Problem PatientsProblem Patients Criticizing Other OrthodontistsCriticizing Other Orthodontists Doctor’s Duties Doctor’s Duties
-Cooperate -Cooperate -Assist -Assist
Litigation: A Brief Litigation: A Brief Overview of the Process Overview of the Process
and What to Expect Along and What to Expect Along the Waythe Way
Initial Complaint:Initial Complaint:
Informal: Patient ComplaintInformal: Patient Complaint
Formal: Demand LetterFormal: Demand Letter
What To Do and When To Do What To Do and When To Do ItIt
Formal DiscoveryFormal Discovery
Request for ProductionRequest for Production Request for AdmissionsRequest for Admissions InterrogatoriesInterrogatories Request for Disclosures Request for Disclosures
(Texas)(Texas) Deposition/Sworn StatementDeposition/Sworn Statement
Informal DiscoveryInformal Discovery
Everything Else Under the Sun – Everything Else Under the Sun – Outside of Formal DiscoveryOutside of Formal Discovery
Contacting Subsequent TreatersContacting Subsequent Treaters Contacting Third PartiesContacting Third Parties Obtaining Past Testimony From Obtaining Past Testimony From
Attorney NetworkAttorney Network InvestigationInvestigation
Defenses:Defenses:
No DutyNo Duty No BreachNo Breach No CausationNo Causation No DamagesNo Damages Statute of LimitationsStatute of Limitations Proportionate ResponsibilityProportionate Responsibility Damage Caps?Damage Caps?
MediationMediation
What’s the Purpose?What’s the Purpose?
Description/CompositionDescription/Composition
Use and AbuseUse and Abuse
What to Expect from ItWhat to Expect from It
Trial: Basics and EssentialsTrial: Basics and Essentials
DefinedDefined
Rule: Those Willing and Able Rule: Those Willing and Able To Fight, Seldom DoTo Fight, Seldom Do
Corollary: Those Corollary: Those Unprepared to Fight, WillUnprepared to Fight, Will
Trial:Trial:
PreparationPreparation
What to ExpectWhat to Expect
AppearanceAppearance
AttitudeAttitude
LengthLength
Appeal:Appeal: Reasons for AppealReasons for Appeal
Who May File and WhyWho May File and Why
What is Your Involvement?What is Your Involvement?
Plaintiff’s and Plaintiff’s Plaintiff’s and Plaintiff’s Counsel’s Perspective as Counsel’s Perspective as to You and The Litigationto You and The Litigation
Plaintiff:Plaintiff:
Feels Slighted, Hurt, Possibly Feels Slighted, Hurt, Possibly BetrayedBetrayed
Totally EmotionalTotally Emotional Familiar with Stories of Large Jury Familiar with Stories of Large Jury
VerdictsVerdicts Unfamiliar with the Litigation Process Unfamiliar with the Litigation Process
and All it Entailsand All it Entails Tires of the Process EasilyTires of the Process Easily Best Time to Deal with PlaintiffBest Time to Deal with Plaintiff
Plaintiff’s Counsel:Plaintiff’s Counsel:
Type 1: EmotionalType 1: Emotional
Type 2: BusinessType 2: Business
TYPE 1TYPE 1 Hates and Despises All Doctors Hates and Despises All Doctors
(Probably a Wanna Be)(Probably a Wanna Be) Views You ImpersonallyViews You Impersonally Believes Client Blindly-Believes Client Blindly-
UnquestionablyUnquestionably Doing God’s WorkDoing God’s Work Does not Prepare PlaintiffDoes not Prepare Plaintiff Punk – Difficult to Deal With, Easy to Punk – Difficult to Deal With, Easy to
BeatBeat
TYPE 2TYPE 2 Likes Most Doctors (Especially His Likes Most Doctors (Especially His
Experts)Experts) Knows that Everyone is Not PerfectKnows that Everyone is Not Perfect Profit DrivenProfit Driven Rational, Thoughtful, ReasonableRational, Thoughtful, Reasonable Prepares Client SufficientlyPrepares Client Sufficiently DangerousDangerous