PROGRAM IN CLINICAL ETHICS

Civil Action: an action brought to enforce, redress, or protect rights; all types of actions other than criminal proceedings

Pleadings: the formal allegations by the parties to a lawsuit of their respective claims and defenses, with the intended purpose of being to provide notice of what is to be expected at trial

Motions: an application or request made to the court or judge for the purpose of obtaining a rule or order directing some act to be done

Complaint: the original or initial pleading by which a civil action is commenced; the pleading which sets for the claim for relief, such as money damages

Answer: the response of the defendant to the plaintiff’s complaint, denying in whole or in part the allegations made by the plaintiff

Summons: instrument used in civil action of acquiring jurisdiction or power over a party

Subpoena: a command to appear at a certain time and place to give testimony upon a certain matter

Service of process: the delivering to a person of a summons, complaint or their pleading; purpose is to give reasonable notice to the person of proceedings to afford him or her the opportunity to appear and respond

Discovery: pre-trial devices that can be used by one party to obtain facts and information about the case from the other party in order to assist the party’s preparation for trial

Deposition: the testimony of a witness upon oral or written questions, under oath; usually reduced to writing and duly authenticated

Interrogatories: discovery devices consisting of a set or series of questions drawn up for the purpose of being propounded to a party, witness or other person having information of interest in the case

Mediation: private informal dispute resolution process in which a neutral person helps disputing parties reach an agreement

Arbitration: a process of dispute resolution where neutral person renders a decision after a hearing at which both parties have an opportunity to be heard.

THE BIRTH OF A LAWSUIT

3. That person files a Complaint and is referred to as the plaintiff. If the plaintiff does not have an attorney he or she appears before the court in a pro se capacity.

4. The Complaint, along with a Summons, is served on the defendant. The summons directs the defendant to answer the Complaint within a prescribed period of time, and in DC, to appear before the Judge for an initial status and scheduling conference.

5. The defendant files an Answer to the Complaint, and may bring in other necessary parties or related claims. If the defendant does not answer the Complaint, he or she is subject to a default judgement. Once a default judgement is entered, the defendant can not contest liability.

6. The parties enter what is called the discovery phase of the case. Discovery proceeds for a limited time period as prescribed by the Court. Once discovery is closed, the parties cannot obtain additional information from their opponents(s). The parties can however, continue to develop their own trial strategy.

7. DC Superior Court requires that all parties participate in non-binding mediation. This conference takes place shortly after discovery closes. At the mediation conference, a neutral third party (usually a volunteer attorney a retired a judge) will try to mediate a settlement between the parties. If mediation fails, the parties must select a date for a Pretrial Conference.

8. The Judge presides over the Pretrial Conference. The parties must submit a Pretrial Statement listIing all the claims and defenses each side intends to advance, as well as identifying witness and exhibits, jury instructions, voir dire questions, and verdict forms. The Statement also contains other important issues related to the management of the trial. At the end of the Pretrial conference, the judge will assign a trial date.

9. Trial- the plaintiff’s day in court. The trial may be a jury trial or a non-jury trial. If it is a jury trial, the first half-day of trial is taken up by jury selection. This is when the voir dire is used. Once the jury is empanelled and sworn, the plaintiff makes an opening statement. The defense may make its opening statement immediately after the plaintiff’s statement or wait until the defense begins to present its case. After opening statements, the plaintiff presents its case. The plaintiff is first because the plaintiff has the burden of proof. After the plaintiff rests, the defense presents its case. At the close of all the evidence, the plaintiff makes a closing argument, after which the defense makes a closing argument. The Judge then gives the jury instructions by which the jury will decide the case. Jury deliberations begin and do not end until the jury reaches a verdict or is declared hopelessly deadlocked.

11. Post-Trial relief in the form motions for new trials, reduced judgement, increased judgement, judgement notwithstanding the verdict and an appeal is available under the proper facts.

COURT OF APPEALS

(COURT OF LAST RESORT)

9 JUDGES

SUPERIOR COURT

(TRIAL COURT OF GENERAL JURISDICTION:

INCLUDES SMALL CLAIMS DIVISION)

59 JUDGES

Supreme Court of the U.S.

(Final Appellate Court and has original

jurisdiction to hear cases concerning foreign diplomats or where a state is a party)

9 Justices

U.S. Courts of Appeals

(Intermediate Appellate Court)

13 Federal Circuits

U.S. Court of Appeals for the

1st through 11^th Circuits and the

D.C. Circuit, and the U.S. Court of Appeals

for the Federal Circuit

U.S. District Courts

(Trial Court of Original, Limited - Federal Question

and Diversity of Citizenship - Jurisdiction)

94 Federal Districts

At least one federal district court

in every state, U.S. territory,

Puerto Rico and D.C.

U.S. Bankruptcy Court

(Trial Court of Limited Jurisdiction in each Federal Judicial District)

A patient was seen by general dentist for removal of three wisdom teeth. X-rays were taken and marked. The X-rays revealed that the three extractions needed were Nos. 17, 31 and 1. The patient signed a consent form for the removal of 17, 32 and 1. Had the X-rays been correctly marked, they would have revealed that the correct extractions were 17, 32 and 16. Tooth number 1 had been removed some time earlier.

Upon returning to the office for the extractions, the oral surgeon, without checking the X-rays, which had been prepared by the general dentist, proceeded to perform the extractions. Patient was incised and the tissue plane violated at site 1, however, no tooth was found. Oral surgeon decided to cut deeper, after seeing no tooth. In the presence of the patient, surgeon remarked, "these X-rays are incorrectly marked." She then lifted up the flap on the other side of the patient's mouth, found tooth #16 and removed it. At no time during the procedure did the surgeon communicate any of her actions to the patient.

After the surgery, the patient questioned why she had been cut on the side of her mouth where no wisdom tooth was located. Was then told by surgeon what happened. The patient had complications following surgery, subsequently lost time from work and finally ended up seeking the services of another oral surgeon. In seeking a new surgeon, the patient requested and received consent forms and records from the original surgeon and discovered that consent form had been altered and that her insurance had been billed for the removal of tooth number 1, which the surgeon had never removed.

MEDICAL JURISPRUDENCE

THE BIRTH OF A LAWSUIT