John L.A. Lyddane The Bill of Particulars Is Your Guide
In his Medical Malpractice column, John Lyddane uses extensive case law to discuss how the Bill of Particulars serves as a valuable guide to avoid prejudice when, for example, new claims and theories of recovery are brought up once a medical malpractice case goes to trial. "When the court is called upon to resolve disputes over the appropriate bounds of discovery, it necessarily examines the Bill of Particulars and the parameters of the claim."
May 16, 2022 at 12:00 PM
9 minute read
When medical malpractice cases come to trial, the tendency is for claims to have evolved or even changed altogether. The cases have reached a point at which there is a more careful synthesis of the facts with the conclusions they support. Substantial prejudice may result from the new focus brought to bear upon complex treatment, with a changed perspective on the legal obligations of health care provider to patient.
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