Mark E. Novotny

About Mark E. Novotny

Mark Novotny is a founding partner of Lamson Dugan & Murray LLP and a member of the Firm’s Litigation Department. For over 30 years, Mr. Novotny’s practice has included handling all areas of civil litigation representing clients in all courts, tribunals, alternative dispute resolution forums, arbitrations and with governmental regulatory bodies and agencies.

Latest News

19 Jun, 2022

No, You Don’t Have to Talk

2022-06-27T18:39:29-05:00June 19th, 2022|LDM MedMal Forum|

When recently defending my physician client in a medical malpractice deposition, Plaintiff’s counsel started asking questions outside the lines. I objected and he immediately retorted back that I did not know the Rules of Evidence and that his questions were legitimate. He claimed certain testimony privileges only apply in criminal matters. I stood on my objections and my physician client followed my lead and did not answer the questions. But [...]

11 Nov, 2014

“Landmark” Informed Consent Case: Physician Not Liable

2018-04-24T00:00:14-05:00November 11th, 2014|Health Care Law, Medical Malpractice, Midwest Medical Legal Advisor|

In a case decided in June of 2014 described as “landmark,” the Washington Supreme Court held in favor of a physician as to claims of lack of informed consent. Generally, informed consent addresses the need for a physician to advise the patient of the risks, benefits and alternatives to certain treatment or procedures for a medical condition before the care is undertaken.  The usual standard is then that a reasonably [...]

28 Aug, 2014

No Sweeping Under the Rug

2018-04-24T00:00:14-05:00August 28th, 2014|Health Care Law, Litigation Tips, Medical Malpractice, Midwest Medical Legal Advisor, Risk Management, Tort Reform|

It happed in California several weeks ago.   After 2 ½ days of jury deliberation, the jury awarded a $4 million verdict against a hospital for allegedly covering up the cause of the post-operative death of a patient.  The jury did not find that the hospital committed malpractice and did not award punitive damages (which cannot be awarded in Nebraska). The patient had a surgical cervical disc.  Post operatively he had [...]

21 Aug, 2014

Who is getting the money?

2018-04-24T00:00:14-05:00August 21st, 2014|Medical Malpractice, Midwest Medical Legal Advisor, Tort Reform|

When it is determined that a medical malpractice / professional negligence lawsuit or claim needs to be settled, or when one of the few times a jury sides with the patient, money is paid.   Don’t be dismayed by what actually happens to the money.  Between contingent fee lawyer contracts paying the plaintiff’s lawyers up to 50% (these actually happen in Nebraska), to exorbitant expert witness fees to huge health are [...]

23 Jul, 2013

Malpractice Litigation: The Neverending Story?

2018-04-24T00:00:15-05:00July 23rd, 2013|Medical Malpractice, Midwest Medical Legal Advisor, Tort Reform|

 You have been sued.  How long until there is resolution of a professional negligence lawsuit?  Six months?  A year?  Maybe two?   Pyramids have been built faster than some cases get resolved. All participants want civil litigation over in a reasonable time, but medical malpractice lawsuits can become long and drawn out.  As noted in the Nebraska Supreme Court opinion of Simon v. Drake, M.D.,285 Neb. 784, __ N.W.2d __ (2013), [...]

22 May, 2013

Is the Patient’s/Plaintiff’s Expert Witness Qualified to Testify Against You?

2018-04-24T00:00:15-05:00May 22nd, 2013|Health Care Law, Medical Malpractice, Midwest Medical Legal Advisor, Tort Reform|

Many years ago, in a Nebraska gynecological case alleging medical malpractice, an oncologist testified favorably as to the applicable standards of care relating to the defendant physician.   After the jury returned a verdict for the defense, the plaintiff appealed this inclusion of this expert witness’ opinions to the jury.  The Nebraska Court of Appeals upheld the decision in Hoffart v. Hodge, M.D, 9 Neb. App. 161, 609 N.W.2d 397 (2000).  [...]

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