1. 2010 Medical Professional Liability Symposium Chicago, IL ~ March 18 & 19, 2010 Litigation Update: Causation Does Matter

2. Litigation Update: Causation Does Matter Moderator: Robert B. Blasio, Esq., Division President & CEO, Western Litigation, Inc. Panelists: John M. Fitzpatrick, Esq., Partner, Wheeler Trigg O'Donnell LLP Geoffrey L. Gifford, Esq., Partner & Founder, Pavalon, Gifford & Laatsch Tony Stompanato, Regional Vice President, Healthcare Malpractice Claims, Chartis

3. Causation Defined “The act or process of causing; the act or agency which produces an effect.” Webster’s Dictionary

4. Causation Defined in the Medical Professional Liability Arena A critical element to proving a case The necessary link between a breach in the standard of care and damages Must be established by expert testimony

5. How are Causation Issues Evaluated? Plaintiff’s Perspective  To accept or reject the case  Managing client expectations Insurance Perspective  Reserving  Evaluating a case for trial/settlement Defense Perspective  Understanding the medical facts  Marshalling expert testimony

6. Leveraging Causation During the Litigation Process Asserting comparative fault Expert disclosure/depositions Motion practice Settlement negotiations

7. Case Studies “Get this packing out of my nose.” “It’s not my fault my child is blind – all I did was cancel the appointment.” “If you would have given TPA, this vertebral dissection would have been a non-event.”

8. QUESTIONS?