Richard T. Cassidy’s Answers

Richard T. Cassidy

South Burlington Employment / Labor Attorney.

Contributor Level 4
  1. Is it true that "most medical malpractice cases fail" for the plaintiff?

    Answered over 2 years ago.

    1. Marc Edward Stewart
    2. Richard T. Cassidy
    3. David McCormack
    4. Joseph Jonathan Brophy
    5. Jacob Adam Regar
    5 lawyer answers

    I have never seen a formal study to back this kind of statement up, but it is generally consistent with what I have seen. Many people think that a bad medical outcome it gives them a good case. That is just not correct. In this jurisdiction, the patient must prove that he or she has been injured because of a health care professional’s failure to meet the standard of care for a professional in the field in question. Developing that evidence is hard even when that is exactly what has...

    2 lawyers agreed with this answer

  2. How often does a client want to change something on the transcript after a deposition?

    Answered almost 3 years ago.

    1. Barry A. Stein
    2. Richard T. Cassidy
    3. Alexander M. Ivakhnenko
    4. Christine C McCall
    4 lawyer answers

    It happens quite frequently. Court reporters have a tough job, and in a long deposition, it would be rare for the entire transcript to be error free. But, I don't advise my clients to make corrections unless there is a way to read an error that might hurt the case. When a transcript contains one or more corrections, a skillful cross-examiner will use those corrections to make clear that the deponent read the transcript carefully, but did not change the point on which the cross...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Do I need a mediator

    Answered almost 3 years ago.

    1. Arthur H. Forman
    2. Michael S. Haber
    3. Richard T. Cassidy
    3 lawyer answers

    One can't really tell whether a mediator is needed in your situation. One would need to know more. Do you mean someone to mediate between you and your lawyer? You should not be forced to accept a settlement, but you should feel able to trust your lawyer's advice on the subject. If you don't, you need to find a way to improve the quality of your lawyer/client relationship. Perhaps a second opinion would help. It would seem unusual to have a mediator work between you and your own lawyer, but...

    1 person marked this answer as helpful

  4. More psychological damages than physical damages?

    Answered about 3 years ago.

    1. Christian K. Lassen II
    2. Richard T. Cassidy
    3. Donald Curtis Kudler
    3 lawyer answers

    Generally speaking the entire pattern of the case affects its merit. Emotional distress is usually more subjective than physical harm and therefore seen in a more skeptical light. You should understand that, at least here in Vermont, medical malpractice cases are very aggressively defended. In Vermont, most experienced lawyers in the field will only take cases where liability is strong and the damages are serious. You should understand that your claim will be barred by the mere passage...

  5. Does a client ever talk during mediation?

    Answered almost 3 years ago.

    1. Jason Eric Neufeld
    2. Stuart M. Address
    3. Richard T. Cassidy
    4. Pamela Koslyn
    4 lawyer answers

    Sure. It all depends on how the mediation is structured, and assuming there is a lawyer, on what the lawyer and client agree on. When I work as a mediator, I usually turn to clients and ask if they want to say something. I've seen some very cynical clients on the other side change their attitude towards a party who has something real to say. When I am a lawyer representing a client, my practice is to talk with my client about this in advance. Usually, there is real advantage in having the...

    1 person marked this answer as helpful