Arnstein & Lehr Partner Interviewed for May 2017 Issue of ED Legal Letter

Arnstein & Lehr Partner Interviewed for May 2017 Issue of ED Legal Letter
May 22, 2017

Arnstein & Lehr Chicago Partner David S. Waxman was interviewed for a May 2017 ED Legal Letter article, “Are EP and Hospital Jointly Defending Med/Mal Lawsuit?” The article discusses how an emergency physician (EP) and a hospital might have conflicting interests, even if they are joint defendants in malpractice litigation, necessitating separate counsel for the EP. Mr. Waxman gives an example of a doctor 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:
 
An EP claims no one told her about a critical lab value, but an ED [emergency department] 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.