Chicago Partner David Waxman Interviewed for May 2017 Issue of ED Legal Letter
May 16, 2017
Arnstein & Lehr Chicago Partner David Waxman was interviewed for a May 2017 ED Legal Letter article, “Are EP and Hospital Jointly Defending Med/Mal Lawsuit?” The article discusses how the EP’s and hospital’s interests as joint defendants in malpractice litigation sometimes conflict, necessitating separate counsel for the EP. Mr. Waxman elaborates about an EP and hospital blaming each other for a patient’s bad outcome. He says, “The governing state ethical provisions likely prohibit an attorney from representing both parties.”
The article states his example:
An EP claims no one told her about a critical lab value, but an ED nurse testifies otherwise. “Those theories are entirely in conflict,” Waxman says. “Unless that conflict has somehow been explicitly and effectively waived, then one of those defenses should be spun off to a different lawyer.” Faced with this scenario, he recommends EPs request appointment of separate counsel.
To read the article in full, including further information provided by Mr. Waxman, please click here.