From the Courtroom: How We Convinced a Jury that CDC Guidelines Do Not Establish the Standard of Care in a Recent Swine Flu Case

3 Pages Posted: 1 Mar 2016

Date Written: September 24, 2015

Abstract

In a recent medical malpractice jury trial regarding the failure to administer Tamiflu, we employed several different strategies to persuade the jury that the CDC guidelines do not establish the standard of care. This article outlines those strategies, some of which were more effective than other. Ultimately, we found that it was more effective to embrace the guidelines rather than trying to fight them.

Suggested Citation

Mims, Michael C., From the Courtroom: How We Convinced a Jury that CDC Guidelines Do Not Establish the Standard of Care in a Recent Swine Flu Case (September 24, 2015). Available at SSRN: https://ssrn.com/abstract=2739844 or http://dx.doi.org/10.2139/ssrn.2739844

Michael C. Mims (Contact Author)

Bradley Murchison Kelly & Shea ( email )

1100 Poydras St.
Suite 2700
New Orleans, LA 70163
United States

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