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Program Description: Physicians are often called upon to provide evidence, including testimony, in various legal settings
such as State and Federal court and Workers’ Compensation Boards. Many physicians do not understand their role in these proceedings, nor do they understand the legal requirements which control whether
those opinions are sufficient and acceptable under the Rules of Evidence as further advanced by case law. This seminar is designed to provide the physician with a basic understanding of the legal process
and their role as a physician within it.
Learner Objectives:
1. To provide the physicians with an understanding of the various
litigation arenas where they may provide testimony.
2. To explain the litigation process and how their treatment of a claimant or their expertise in their field may require that they testify for a
party to a litigation proceeding
3. To explain the burden of proof required in litigation settings, to distinguish between medical and legal causation, and to explain how opinions offered by
physicians on medical causation issues may not be accepted by the decision maker.
Speakers: Michael P. Friedman, Esquire of Rudman & Winchell
and David J. Leen, Esquire, of Leen & Emery. Mr. Freidman is a native of Old Town, ME. He is a graduate of the University of Maine and Northeastern School of Law. Prior to his association with Rudman
and Winchell, Mike worked in the legal departments of Kemper Insurance Group in Chicago and Liberty Mutual Insurance Company in Boston and as a legal advisor to the United States Civil Service Commission
in Washington, D.C. Mike is a past member of the Maine Workers’ Compensation Commission Advisory Group and is currently Chairman of the Commission on Governmental Ethics and Election Practices. His
areas of practice include personal injury for the defense and plaintiff, workers’ compensation law and employment law for employee and employer.
David J. Leen received his Juris Doctor Degree,
with distinction, from MemphisStateUniversity in Memphis, TN in 1973. He was admitted to practice law in the State of Maine and for the United States District Court of Maine in 1974. For over 32 years,
Mr. Leen has been involved in handling personal injury cases, workers compensation claims, product liability cases, and death claims on behalf of plaintiffs. He has also been involved in the defense of
Workers’ Compensation claims for insurance carriers and self-insured employers for over 20 years. Mr. Leen has been a member of the Bangor City Council and is currently an overseer for the Village of
Lucerne.
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