The ABC's of EMG

Article Abstract:

Defense attorneys involved in personal injury litigation should familiarize themselves with the basics of electromyography (EMG) testing, which is a favorite tool of trial lawyers attempting to link a trauma to a symptomatic injury. Defense counsel should know that EMG results are less than conclusive if the tests have not been conducted consistently, beginning immediately after the injury. EMGs conducted more than 21 days after the injury provide no real proof of a link between the injury and any muscle or nerve damage, which could have been preexisting or caused by other factors.

Methods, Testimony, Electromyography, Defense (Civil procedure)

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The use of class actions in personal injury cases

Article Abstract:

The article discusses the use of class actions in personal injury cases in which the plaintiffs seek class certification, focussing on the effects of class certification on the case's dynamics and on the arguments to be expected in opposition to class certification.The 1990s rulings of the Supreme Court and courts of appeals offer good signs for defense lawyers opposing class certification, but the defense lawye must still be well prepared and offer good arguments against certification.

United States, Usage, Class actions (Civil procedure), Class action lawsuits

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Ex parte contacts with plaintiffs' treating physicians

Article Abstract:

Defense counsel involved in medical malpractice suits should be careful when engaging in any ex parte contact with the physician named in the suit, as doing so could lead to sanctions. Though the ban on ex parte contact serves a real need, it often prevents counsel from doing their job. New, more detailed, guidelines on ex parte contact need to be established.

Laws, regulations and rules, Medical personnel, Malpractice, Medical records, Access control, Medical malpractice, Ex parte procedure

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