Legal Ethics

Lawyer Brothers Represent Opposing Parties in Med-Mal Case

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Louisville, Ky., lawyers Tyler and Todd Thompson represent opposing parties in a medical malpractice case.

The suit against hospital chain HCA Inc. claims more than 100 patients were injured by an incompetent surgeon who never finished his residency. It is the first time the brothers have been on opposite sides of a case, the Louisville Courier-Journal reports.

Todd Thompson is on a legal team that represents HCA. “It is tough, because you don’t want to lose to your brother,” he told the newspaper. “I’ve kidded him that Mom is rooting for me.”

Ethics experts told the newspaper that related lawyers can be on opposing sides of a case if they get their clients’ consent.

“Brothers are often competitive, so I don’t see it as an overwhelming problem,” said ethics expert Steven Lubet of Northwestern University law school.

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